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A  TYPICAL  AMERICAN; 

OR, 

INCIDENTS  IN  THE  LIFE  OF  DR.  JOHN  SWINBURNE 

OF    ALRAN\\ 

THE  EMINENT  PATRIOT,  SURGEON,  AND  PHILANTHROPIST. 


COMPILED  AND  PUBLISHED  BY 

THE  CITIZENS'   ASSOCIATION. 


ALBANY,  N.Y.  : 
ISSUED  FROM  THE  CITIZEN  OFFICE. 

1885. 


Entered  according  to  Act  of  Congress,  in  the  year  1S85, 

By  JOSEPH   R.  McKELVEY, 

In  the  Clerli's  Office  of  the  District  Court  of  the  United  States  for  the  Northern 
District  of  New  York. 


J\\V)o.^^.  \-^^Jw(K^ 


^, 


INTRODUCTION. 


In  presenting  this  sketcli  of  the  life  of  one  of  the  most 
remarkable  men  of  the  period,  —  one  in  whom  the  people  of 
Albany  take  the  deepest  interest ;  who  is  esteemed  by  all 
classes,  particularly  by  the  men  who  were  found  at  the  front 
during  the  Rebellion  ;  and  who,  by  his  many  kind  acts  to  the 
poor,  has  endeared  himself  to  them  beyond  all  other  men,  — 
the  citizens  have  no  further  apology  than  a  desire  to  have 
the  people  at  large  know  him  as  they  know  him. 

To  him  is  given  the  strange  title  of  "  The  Fighting  Doctor," 
because  of  his  many  contests  with  error  in  every  walk  of  life. 
These  conflicts  have  all  been  in  the  interests  of  the  people,  — 
as  a  volunteer  during  the  Rebellion  ;  in  professional  struggles 
to  overcome  malpractice  and  deformit}'^  in  treating  the  sick 
and  maimed ;  and  in  private  and  political  life  to  secure  better 
government,  and  overcome  corrupt  political  cabals. 

Aggressive  yet  tender  and  kind,  he  possesses  all  the  char- 
acteristics of  a  true  man,  combined  with  a  skill  that  places 
him  at  the  head  of  his  profession  ;  self-made,  he  thoroughly 
understands  the  wants  of  the  people  ;  and  possessed  of  a 
spirit  of  fearless  independence,  he  has  been  by  nature  and 
circumstances  well  fitted  to  espouse  the  cause  of  the  people 
at  large  without  distinction  of  class. 

From  the  days  of  boyhood,  when  deprived  of  a  paternal 
guide  and  director,  up  to  the  present  time,  his  life  has  been 
a  remarkable  one,  full  of  thrilling  adventures  and  unprece- 


IV  INTRODUCTION. 

dented  achievements.  Rising  by  his  own  efforts  from  ob- 
scurity to  eminence,  and  from  poverty  to  plenty,  his  life  has 
been  eminently  that  of  a  typical  American. 

Every  chapter  in  this  life  is  a  history  of  itself,  and  will  be 
read  with  interest.  In  compiling  it,  the  work  has  been  some- 
what difficult,  because  the  doctor  has  never  kept  any  scrap- 
book,  either  of  the  contributions  he  has  made  to  science,  or 
of  the  many  good  things  others  have  said  of  him.  We  have 
therefore  been  compelled  to  resort  to  public  documents  on 
file  in  the  State  and  other  public  departments ;  to  the  libra- 
ries ;  to  the  press,  as  far  as  these  could  be  reached  con- 
veniently ;  and  to  correspondence  with  those  who  knew  him 
in  the  various  walks  of  life.  The  doctor  having  but  little  to 
say  of  himself  with  reference  to  his  life  and  doings,  we  have 
been  enabled  to  learn  comparatively  little  from  him  to  assist 
in  the  work. 

In  accordance  with  a  resolution  of  the  association,  this 
work  is  respectfully  presented  to  the  public,  believing  that  it 
will  entertain  and  inspire  a  desire  in  others  to  emulate  his 
example,  however  humble  their  position  in  life  may  be,  as 
well  as  to  make  the  people  at  large  better  acquainted  with 
our  brave,  skilful,  and  humane  fellow-citizen. 


CONTENTS. 


CHAPTER   I. 

PAex 

Onb  of  Natuke's  Noblemen 1 


CHAPTER  II. 
The  Soldier's  Fkiend 8 

CHAPTER  III. 
A  Pkisonek  of  War 22 

CHAPTER  IV. 
Fighting  for  the  Wounded 38 

CHAPTER  V. 
From  War  to  Pestilence 58 

CHAPTER  VI. 
A  Quartet  of  Plagues  .    .    .    '. 70 

CHAPTER  VII. 
Honest  and  Faithful 80 

CHAPTER  VIII. 
Under  Two  Flags 96 

CHAPTER  IX. 
The  Wonder  of  Scientists 112 


VI  CONTENTS. 

CHAPTER  X. 

PAQK 

Living  on  IIokse-ixesu 124 

CHAPTER  XI. 

RliVOLUTIONIZlNCi    SUKOEKY 132 

CHArTER  XII. 
Conservative  Sukgeky 147 

CHAPTER  XIII. 
Challenging  the  Ckitics 170 

CHAPTER  XIV. 
Medical  Jukispkubence 184 

CHAPTER  XV. 
Praised  and  Slandered 226 

CHAPTER  XVI. 
The  Fighting  Doctor 240 

CHAPTER  XVII. 
A  Plucky  Leader 2G2 

CHAPTER  XVIII. 
Elected  to  Congress  .    .  , 283 

CHAPTER  XIX. 
Swinburne's  Dispensary 303 

CHAPTER  XX. 
Science  devoted  to  Humanity 322 

CHAPTER  XXI. 
Behold  the  Man 339 


A    TYPICAL    AMERIOAISr. 


CHAPTER   I. 

ONE  OF  NATURE'S  NOBLEMEN. 

Envious  Rivals.  —  Brave  and  Philantliropic.  —  Sacrificing  Comfort  for  Patriot- 
ism.—  A  Busy  Life.  — Tlirilling  Adventures.  — Self-made. 

"  To  be  as  busy  as  a  Wallach  woman,  and  do  as  little,"  was 
an  old  saying  among  the  German  settlers  of  Rouraania ;  and 
the  excuse  given  by  the  males  for  having  wives  was  "  to 
comb  and  keep  them  clean,"  as  the  men  were  a  dirty,  indolent, 
and  cowardly  set,  except  in  the  commission  of  such  crimes  as 
plundering,  horse-stealing,  and  smuggling.  For  every  neglect 
to  live  and  act  as  human  beings,  they  had  an  excuse.  When 
the  month  of  May  arrived,  —  the  proper  season  for  planting, — 
they  wasted  an  entire  week  in  unmitigated  idleness,  under 
the  supposition  that  their  fruits  would  thereby  be  protected 
from  the  late  frosts.  These  laggard  husbands,  however,  were 
anxious  tliat  their  wives  should  be  alwa3's  busy,  and  often 
frightened  them  into  greater  diligence  bv  pretending  that  a 
fairy  visits  every  house  early  on  the  morning  of  Holy  Thurs- 
day, and  inflicts  on  them  some  dreadful  affliction  if  all  be  not 
found  in  order.  Among  more  civilized  people,  and  particularly 
with  this  nation,  there  are  those  who  possess  the  same  char- 
acteristics as  the  Wallachs,  always  ready  with  an  excuse  for 
not  answering  promptly  the  calls  of  duty  as  patriots,  citizens, 
or  humanitarians.  Such  men  are  the  most  anxious  to  dispar- 
age the  works  of  others,  and  would,  if  they  could,  bury  far 
from  the  sight  of  the  world  every  record  of  heroism  of  their 
day,  and  blot  from  the  pages  of  history  those  ennobling  acts 
in  the  lives  of  fellow-beings  that  will  live  in  memory  long 


Z  A   TYPICAL    AMERICAN. 

after  their  cowardly  and  selfish  lives  have  been  forgotten. 
Yet,  to  the  credit  of  this  comparatively  young  nation,  this  class 
of  envious  persons  is  small,  compared  to  the  great  whole,  and 
of  a  much  smaller  ratio  than  might  he  looked  for  among  the 
heterogeneous  mass  from  all  nationalities,  who  make  up  the 
great  American  nation,  and  constitute  a  people  whose  bravery 
and  humanity  outstrips  any  records  of  ancient  or  modern 
times.  It  is  the  acts  of  individuals  that  make  history  for 
the  future,  as  their  deeds  operate  for  good  or  evil  in  their  day 
and  generation;  and  truly  the  history  of  this  nation  is  bril- 
liant, as  it  is  being  written,  with  national  acts  of  greatness, 
and  individual  deeds  of  daring  and  philanthropy,  that  obscure 
the  most  brilliant  doings  of  the  more  ancient  Spartan,  or  the 
chivalric  deeds  of  the  historian. 

In  the  bustle  and  excitement  of  our  progressive  life  in 
America,  we  are  too  prone  to  overlook  the  deeds  of  men 
while  they  are  living,  and  await,  because  of  ambitious  jeal- 
ousy for  place  and  preferment,  to  render  just  tribute  to  the 
deserving,  until  the  hand  of  death  has  laid  cold  the  man  the 
people  should  honor.  When  they  have  passed  where  earthly 
honors  and  mortal  eulogies  are  as  empty  sounds  to  the  de- 
parted, over  their  biers  are  pronounced  the  praises  that  should 
have  been  sounded  in  their  ears  while  the  senses  were  yet 
quickened  to  receive  the  grateful  tributes.  Not  a  month 
passes  but  history  is  repeating  itself  in  giving  to  the  world 
the  sad  tidings  that  some  truly  great  man  has  pnssed  away; 
and  for  a  time  the  poisoned  pen  of  partisanship  is  laid  aside, 
ajid,  the  better  nature  prevailing  in  the  presence  of  the  dark 
spectre,  a  meed  of  praise  is  bestowed.  But,  alas!  the  just 
tribute  to  a  worthy  name  is  often  too  late,  and  only  inspires 
the  thought  that  merit  has  no  rewards  for  the  living  to  com- 
pensate for  the  sacrifices  made. 

When  another  century  has  passed  away  in  the  life  of  the 
American  Republic,  what  an  array  of  valiant  men  will  be 
found  to  have  lived  and  acted  prominent  parts  in  the  great 
free  government  on  this  continent !  Every  page  of  history 
will  sparkle  with  the  names  of  men  whose  brilliant  acts  will 
shine  out  as  startling  constellations  in  the  darkness  of  the 


ONE   OF   NATUKE'S   NOBLEMEN.  8 

struggles  tlirough  wliicli  tlic  couiitr}'-  passed.  Ever  since  the 
ludiiui  Will-  ill  IGTr),  that  dovastatcd  New  England,  when  Capt. 
Cliurch  of  Massachusetts,  and  (Ja.pt.  Dennison  of  Connecti- 
cut, became  celebrated  for  their  heroic  ard(n"  and  fortitude, 
the  list  has  constantly  increased;  and  the  acts  of  daring  and 
self-denial  have  become  grander  as  civilization  has  progressed, 
until  in  every  emergency,  in  war  and  in  peace,  even  the 
humblest  citizens  are  performing  acts  that  in  other  days 
would  have  caused  them  to  be  crowned  with  wreaths  of 
glory. 

The  peculiar  and  striking  bravery  of  the  truly  American 
is  inspired  only  by  that  intelligence  which  assures  him  he  is 
right,  and  to  the  commission  of  deeds  which  his  conscience  di- 
rects and  approves,  as  the  love  of  freedom  animated  to  deeds 
of  heroism  the  band  of  men  under  Gen.  Putnam  at  Long  Island, 
who  fought  with  such  bravery,  with  Gen.  Clinton  attacking 
them  in  the  rear,  and  the  Hessians  in  the  front,  when  they 
believed  neither  valor  nor  skill  could  save  them  from  defeat. 

With  us  we  have  still  living  in  active  life,  in  the  State 
of  New  York,  one  whose  name  will  be  in  the  future  familiar 
among  the  votaries  of  science  and  the  lovers  of  patriotism, 
and  whose  discoveries  in  the  profession  of  his  choice  have 
already  almost  revolutionized  the  practice  of  surgery,  and 
whose  genius  and  skill  will  be  honored  by  his  profession  for 
ages.  His  acts  of  intrepid  bravery  on  the  field  of  battle,  his 
sympathy  and  care  for  the  sick  and  wounded,  his  deeds  of 
charity  and  benevolence  among  the  poor,  will  be  as  familiar 
in  the  future  as  Ethan  Allen's  demand  for  the  surrender  of 
Ticonderoga  is  now,  and  his  philanthropy  will  be  as  im- 
mortal as  the  poet  has  made  Paul  Revere's  ride  to  Lexington 
from  Boston. 

Brave  as  a  Wellington,  yet  tender  as  a  woman ;  eminent 
as  a  surgeon  and  physician,  yet  plain  as  a  man ;  polished  and 
learned  as  a  gentleman,  yet  humble  as  a  peasant;  a  hater  of 
fraud,  chicaner}',  and  dishonesty,  j'et  jealous  of  no  man ; 
constantly  moving  about  among  the  people,  looking  only 
to  their  interests,  sacrificing  time  and  money  to  make  the 
condition  of  the  masses   better;    supplying  with   a   liberal 


4  A   TYPICAL   AMERICAN. 

hand  the  wants  of  the  poor,  caring  for  their  sick  and  unfortu- 
nate ;  fighting  error  and  corruption  wherever  he  finds  them, 
either  in  his  profession  or  in  government ;  and  sacrificing 
all  personal  comfort  for  the  good  of  others,  —  is  the  man 
to  whom  we  would  lead  public  thought,  knowing  that  the 
American  people  love  the  brave  and  humane,  and  only  re- 
quire to  be  reminded,  to  awaken  to  the  according  of  deserved 
honors. 

The  truly  Ameiican,  Dr.  John  Swinburne,  has  a  life  which 
has  no  parallel  or  precedent  in  the  combining  of  so  many 
distinguished  qualities  in  any  one  man,  and  is  a  prototype  for 
others  to  emulate.  As  a  patriot,  tlie  relinquishing  of  a  very 
lucrative  practice,  second  to  no  other  physician  in  Albany 
County,  and  going  to  the  front  during  the  Rebellion  as  a  vol- 
unteer surgeon  without  pa}^  was  a  sublime  act,  and  endeared 
him  to  the  hearts  of  his  countrymen  ;  and  his  acts  of  bravery 
while  there,  have  entered  his  name  among  the  multitude  of 
heroes  of  that  period.  His  constant  care  of  the  sick  and 
wounded  on  the  fields  of  battle,  and  his  never-ceasing  efforts 
to  have  them  comfortable,  has  made  him  an  object  of  honor, 
and  almost  reverence,  among  the  hundreds  of  his  brave  com- 
rades who  felt  his  tender  touch,  or  heard  his  kind  words  of 
sympathy,  while  they  lay  in  pain  and  agony.  His  eminent 
ability  as  a  surgeon,  and  his  constant  endeavor  to  cure  the 
injured  and  save  the  parts  wounded  ;  his  aversion  to  tlie  com- 
mon practice  of  cutting  and  amputating ;  and  his  firm  oppo- 
sition to  having  the  noble  fellows,  wounded  for  their  country, 
made  subjects  for  experiments  in  cutting  and  amputating, — 
won  for  him  the  gratitude  of  thousands  whose  limbs  weie 
not  sacrificed,  but  saved  to  them,  as  well  as  the  respect  and 
esteem  of  all  humane  and  honest  surgeons,  and  caused  him 
to  be  hated  and  envied  by  the  ignorant  charlatans  who  prac- 
tised human  butchery  and  malpractice. 

There  is  something  phenomenally  grand  in  the  active,  self- 
denying,  and  busy  life  of  Dr.  John  Swinburne  as  a  surgeon 
in  the  field  of  battle  ;  as  a  health-officer,  contending  with  the 
terrible  diseases  of  cholera,  small-pox,  and  yellow-fever, 
saving  the  people  from  their  destructive  ravages  for  years, 


ONK   OF    NATUItlCS    N0I5I.EMICN.  5 

and   finding  the  means  not  <jnly  to  cluiok  hnt    to    KUf)preH8 
these  diseases;  as  a  phihinthroi)ist,  establishing  sanitarinnris, 
hospitals,  and  dispensaries  for  the  care  and  treatment  of  the 
poor;  and  tlie  introduction  of  a  conservative  system  of  sur- 
gery that  saved  rather  than  destroyed,  and  the  application  and 
use  of  remedies  that  are  comparatively  costless,  instead  of  the 
high-priced  drugs  and  minerals  usually  prescribed  in  treating 
the  sick.    His  quiet  benevolence,  and  yet  bold  aggressiveness 
in  fighting  error  and  corruption  in  high  places,  both  in  pro- 
fessional and  official  stations,  has  given   his  life  a  charm   un- 
equalled in  the  past,  and  has  won  for  him  the  unyielding  love 
of  the  masses  of  the  i)eople.    To  these  are  added  other  events 
that  render  his  career  one  of  thrilling  adventures  and  bold 
aggressiveness,  that  intensifies  the  charm,  and  holds  the  stron- 
gest admiration.    As  a  medical  expert  on  the  stand,  surprising 
the  courts  by  his  bold  statements,  arousing  the  opposition  of 
almost  the  entire  profession  of  the  State,  and  finally  satisfying 
the  courts  that  he  was  right,  proving  his  grounds  as  the  only 
correct  ones,  and  completely  silencing  his  opponents,  were 
remarkable  victories,  and  have  established  him  as  the  most 
reliable  of  medical  experts,  with  whom  others  do  not  desire 
to  cross  professional  swords.     In  a  besieged  city,  where  the 
shot  and  shell  were  falling  fast,  and  riot  was  rampant  on  the 
streets,  he  was  there  cool,  and,  from  the  promptings  of  human- 
ity, devoting  his  skill  to  the  care  of  the  wounded  without 
money  and  without  price,  and  winning  in  that  foreign  nation 
the  highest  position  in  his  profession,  —  a  place  accredited 
him  by  all  the  nations  of  Europe. 

Like  the  other  eminent  names  which  grace  our  history, 
starting  to  work  out  their  destinies  from  the  tailor  and  shoe- 
maker's shop,  from  the  tanyard  and  wood-chopping,  and  end- 
ing with  the  presidency  and  vice-presidency,  this  man,  from 
sleeping  on  the  floor  and  living  on  seventy-five  cents  a  week 
while  a  student,  who  has  attained  the  highest  pinnacle  in  his 
profession,  is  an  eminentl}'  typical  American. 

In  his  address  to  the  jury  in  the  celebrated  murder-trial  in 
Albany  in  1853,  of  John  Hendrickson,  jun.,  for  causing  the 
death  of  his  wife  by  the  administering  of  tincture  of  aconitQ, 


b  A   TYPICAL   AMERICAN. 

a  vegetable  poison,  the  Hon.  L.  S.  Chatfield,  attorney-general, 
said  of  Dr.  Swinburne  :  — 

"Who  is  John  Swinburne?  John  Swinburne,  with  that 
frankness  characteristic  of  the  man,  —  sunny  frankness  that 
knows  no  guile,  —  he  comes  here  and  tells  you  he  is  a  native  of 
Lewis  County.  He  was  of  humble  pareiitage,  and,  like  other 
poor  boys,  I  suppose  he  had  to  Avork  to  acquire  the  means  to 
further  him  in  knowledge.  He  finally  is  found  in  the  Lewis 
Academy,  thence  he  went  to  P'airfield,  and  from  tlience  he 
comes  to  this  city.  At  the  medical  college  here,  he  acts  for 
two  years  as  demonstrator;  since  when  he  has  had  a  private 
dissecting-room,  and  has  probably  made  more  post-mortem 
examinations  than  any  man  in  the  State. 

'•  John  Swinburne  was  not  put  on  that  stand  because  he 
had  a  diploma  in  his  pocket,  nor  because  he  had  been  born 
with  a  silver  spoon  in  his  mouth,  and  l)een  reared  in  the  lap 
of  luxury.  We  placed  him  there  because  we  knew  him  to 
be  an  intelligent,  scientific,  and  honest  man  ;  because  we  knew 
that  he  would  give  us  truth,  wliich  we  were  seeking  for. 

"  I  have  yet  to  learn  that  colleges,  or  college  honors,  make 
the  man.  Wherever  you  find  distinguished  talent,  in  what- 
ever profession  you  find  mind  leading  in  the  race  of  popu- 
larity and  distinction,  in  whatever  walk  of  life  you  find 
prominence  and  true  superiority  leading  to  honor  and  respect, 
you  will  find  that  zeal,  courage,  virtue,  industry,  indomitable 
will,  and  untiring  perseverance,  underlie  it  all.  These  men, 
cast  in  Nature's  noblest  mould,  are  learned  and  intelligent 
in  spite  of  colleges;  and  in  our  land  nineteen  out  of  every 
twenty  of  the  men  who  have  deservedly  received  honors 
from  the  hands  of  their  fellow-citizens  have  fought  their  way 
to  their  exalted  position  from  the  humblest  walks  of  life. 
They  have  conquered  disadvantages  which  would  have  ap- 
palled the  softer-natured  collegiate,  and,  thirsting  after  true 
and  useful  knowledge,  have  attained  it  because  it  was  attain- 
able to  the  intelligent,  the  industrious,  and  the  good. 

"  If  I  were  to  look  for  the  intelligence  of  the  land,  I  would 
look  to  what  is  termed  the  middling  classes :  for  it  is  there  we 
find  sound,  practical  sense;  it  is  there  we  find  incorruptibility; 
and  it  is  there  we  find  those  qualities  of  head  and  heait 
which  endear  man  to  his  fellows.  It  is  there,  also,  that  we  find 
that  patriotism  which  protects  the  interests  and  institutions 
of  our  country.  It  is  to  that  class  John  Swinburne  belongs. 
He  does  not  come  here  resting  on  a  diploma,  but  he  comes 
here  with  a  pure  heart,  a  clear  head,  and  a  richly  stored  mind. 


ONE   OF   NATURE  S    NOIJLEMEN.  7 

"The  commniiity  will  cherish  such  men  as  lie;  and  I  liere 
tell  tlie  ^eiithiiiiiiii  that  the  naino  of  John  Swinburne  will  live 
lon*j^  aft-ur  his  hoiuis  hav(!  monldorcd  in  llie  dust.  Confident  in 
his  intoij^rity,  his  intelii^rtMUM;,  I  am  wi]iinf(  to  l)ring  John  Swin- 
burne here,  and  I  am  willing  to  rest  this  case  on  his  credi- 
bility ;  and  1  wish  wo  had  more  men  of  as  clear  heads  and 
pure  hearts  as  he,  instead  of  the  scores  of  charlatans  and 
quacks  who  can  use  muriatic  acid  for  a  tooth-wash." 


CHAPTER    II. 

THE    SOLDIER'S    FRIEND. 

A  Volunteer  Surgeon.  —  A  Tnrkish  Tradition.  —  Among  the  Wounded  in  the 
Rebellion.  —  A  Carnival  of  Death.  —  Medical  Superintendent  of  Wounded 
New-York  Troops  in  Full  Command.  —  A  Hard  Road  to  Travel.  —  Official 
and  Press  Eulogies. 

During  the  trying  days  of  1861,  when  the  arsenals  and 
factories  were  busy  moulding  the  weapons  of  death ;  when 
the  steady  tramp  of  armies  of  valiant  men  in  blue  were 
marching  from  every  section  of  the  North,  East,  and  West, 
to  the  sound  of  martial  music,  with  a  tread  that  shook  the 
nation  from  centre  to  circumference ;  when  loved  ones  were 
taking  their  farewells,  perhaps  forever,  and  the  nation  was 
in  the  throes  of  a  terrible  and  wicked  revolution  that 
threatened  the  destruction  of  the  grand  republic  of  the 
free,  so  much  patriotic  blood  had  been  spilt  and  hardships 
endured  to  establish  and  perpetuate,  —  Dr.  Swinburne  was 
living  in  Albany,  enjoying  the  largest  professional  practice  in 
the  city.  When  the  first  struggles  took  place  between  the 
loyal  and  rebel  forces,  he  entertained  the  hope  thousands  of 
others  in  the  North  indulged,  —  that  the  conflict,  though  it 
might  be  a  sanguinary  one,  would  be  of  but  short  duration, 
and  that  the  foolish  leaders  of  the  Rebellion  would  recover 
from  their  delusion,  and,  renouncing  treason,  return  to  loyalty 
and  peace.  As  the  months  wore  on,  and  the  spirit  of  rebel- 
lion intensified,  he  realized  that  the  end  was  not  yet,  and  grad- 
ually arranged  his  business  that  he  might  go  where  he  could 
do  the  most  service  to  his  God,  humanity,  and  his  country, 
and  to  this  end  tendered  his  services,  without  pecuniary  com- 
pensation, to  Gov.  Morgan,  as  a  volunteer  surgeon.  The 
governor,  knowing  the  abilities  of  the  surgeon  and  physician, 


TFIE    SOr>I)lKK'H    KItlKND.  9 

and  tlie  pressing  need  there  was  at  the  front  for  one  so  skilled, 
promptly  accepted  the  voluntary  offering  for  his  State  and 
country;  and,  despite  the  earnest  solicitations  of  the  doctor's 
friends  and  patients,  he  was  duly  commissioned  on  April  7, 
1862,  a  volunteer  surgeon  to  care  for  the  si(;k  and  wounded 
troops  belonging  to  Ncw-Yoik  State,  and  immediately  left  for 
the  peninsula.  Since  that  time,  up  to  the  present,  the  life  of 
this  remarkable  man  has  been  a  continuous  chapter  of  sur- 
prising personal  achievements  in  military,  scientific,  and  civil 
life,  affording  realities 'stranger  than  fiction  in  the  active  per- 
formances of  a  man  impelled  to  exercise  the  gifts  that  God 
had  endowed  him  with  for  the  good  of  others. 

From  the  breaking-out  of  the  Rebellion,  up  to  the  date  of 
his  commission,  he  had  not  been  a  passive  looker-on  in  the 
first  stages  of  the  terribly  wicked  and  cruel  drama,  nor  a  drone 
in  the  hive  of  loyalty's  busy  defenders.  At  the  ver}--  opening 
of  the  fij'st  tragic  scene  in  the  conflict,  he  was  made  chief 
medical  officer  on  the  staff  by  Gen.  John  F.  Rathbone,  and 
placed  in  charge  of  the  sick  in  the  Albany  (N.Y.)  depot  for 
recruits,  where,  according  to  the  report  transmitted  to  Gov. 
Morgan  by  the  then  State  surgeon-general.  Dr.  S.  Oakley 
Vanderpoel,  the  result  showed  the  wisdom  of  the  appoint- 
ment. The  surgeon-general  stated  in  that  report,  "  Dr.  Swin- 
burne not  only  gave  the  sick  soldiers  his  whole  time  and 
attention  when  needful,  but,  when  it  became  necessary  to 
put  some  seventy  patients  in  another  building,  the  same  care 
and  supervision  were  exercised."  He  further  added,  "  The 
abstract  accompanying  this  report  is  the  best  commentary  of 
the  fidelity  and  skill  exercised  by  himself  and  his  assistants," 
and  then  announced  that  up  to  that  date,  Dec.  13,  1861, 
"  about  three  months,  the  whole  number  of  cases  treated  by 
Dr.  Swinburne  during  the  period  of  his  administration  was 
fourteen  hundred  and  twenty-seven,  and  the  deaths  only 
twelve." 

It  will  seem  scarcely  reasonable  that  one  who,  because  of 
his  prominence  in  his  profession,  held  such  a  position  as  sur- 
geon-general of  the  State  of  New  York,  would,  alter  inditing 
such  an  official  commendation,  and  others  equally  laudatory, 


10  A   TYPICAL    AMERICAN. 

to  which  further  reference  will  be  made,  because  of  pro- 
fessional jealousy,  plot  to  undermine  and  destroy  the  repu- 
tation of  the  man  he  so  praised.  Yet  it  is  true  that  in  the 
hours  of  peace  the  mask  of  friendship  was  thrown  off,  and 
Dr.  Vauderpoel  became  one  of  the  chief  actors  in  an  ig- 
noble and  bitter  but  futile  effort  to  destroy  the  fame  of  the 
eminent  phj^sician  and  surgeon,  because  he  would  not  aid 
and  abet  error,  nor  cover  up  the  professional  and  public  short- 
comings and  lack  of  integrity,  of  this  man  and  some  of  his 
associates. 

The  reader  will  pardon  this  digression,  but  will,  by  events 
that  follow,  see  the  connection  in  what  occurred  after  Dr. 
Swinburne's  military  career,  his  success  for  years  in  fighting 
disease,  and  establishing  as  health-officer  of  the  port  of  New 
York  the  best  system  of  quarantine  in  the  world,  and  win- 
ning a  fame  abroad  such  as  was  never  bestowed  on  an  Ameri- 
can surgeon.  These  successes  aroused  the  envy  and  hatred 
of  some  professional  men  who  stood  at  the  bottom  of  the 
ladder  of  fame,  without  any  ability  to  mount  it,  much  less  to 
reach  the  eminence  Dr.  Swinburne  had  succeeded  in  reach- 
ing, and  recalls  the  Turkish  tradition  of  Moses  and  the 
Israelites.  The  story  goes,  "  that  while  the  Israelites  were 
marching  to  the  conquest  of  the  Promised  Land,  Moses, 
desirous  of  contemplating  the  wondrous  works  of  God,  set 
out  to  travel.  He  voyaged  for  thirty  years  in  the  east  and 
west,  in  the  north  and  south.  After  many  wanderings  in 
distant  countries,  the  patriarch  returned  to  his  tribe ;  but,  in- 
stead of  being  received  as  the  wisest  man  and  the  first  of 
legislators,  he  saw  his  fame  as  a  prophet  and  a  traveller 
eclipsed  by  the  gold  of  a  banker.  During  his  absence,  there 
had  risen  up  a  man  among  the  Israelites,  —  a  man  who  had 
never  ventured  near  the  flames  of  Sinai,  and  had  not  the  least 
admiration  for  the  wonderful  works  of  creation,  but  who  had 
spent  his  days  in  ingenious  speculation  among  the  money- 
changers of  the  wandering  children  of  Israel.  Despising  in 
his  wealth  the  poor  man,  who  returned  from  his  travels,  he 
would  not  recognize  him  as  the  lawgiver  of  Israel.  In  order 
to  make  him  contemptible  in  the  opinion  of  those  who  still 


TMIG   SOLDIEli's    FRIEND.  11 

rctiiiiKid  feelings  of  iX'sp(;(;l,;iii(l  gnititude  Un-  tlie  aueient  leader, 
he  instituted  a  proeews  of  law  against  hira,  and  suborned  false 
witnesses.  But  these  witnesses  were  stung  in  their  con- 
sciences before  tiie  tribuTuil,  and  ])roclaimed  the  truth,  and 
Moses  triumphed,  llie  people  again  received  him  for  their 
leader,  while  the  earth  opened  and  swallowed  up  the  banker 
with  all  his  wealth."  The  tradition  is  in  many  points  analo- 
gous with  the  treatment  of  Dr.  Swinburne  by  tlie  "tribe" 
(one  of  whom  had  acquired  wealth  by  what  was  considered 
questionable  means)  who  controlled  the  Albany  Medical  Col- 
lege and  some  of  the  hos[)itals  at  that  time,  in  that  most,  if  not 
all,  of  them  are  without  honorable  fame  or  preferment  now, 
while  he  is  the  most  popular  man  in  the  State,  as  proven  in 
the  overwhelming  majority  with  which  the  county  of  Albany 
has  made  him  its  "lawgiver"  in  the  National  Congress,  and 
in  having  twice  elected  him  mayor  of  the  capital  city  of  the 
Empire  State. 

But  to  return  to  the  story  of  his  achievements  in  the  fields 
of  carnage  and  war.  The  commission  given  him  by  Gov.  Mor- 
gan as  a  volunteer  surgeon  was  applied  for  that  he  might  have 
a  broader  field  in  which  to  exercise  his  universally  conceded 
superior  skill,  and  transferred  him  to  a  point  where  these 
qualities  were  eminently  and  urgently  needed,  and  afforded 
opportunities  to  gratify  his  ambition  to  do  much  for  his  coun- 
try, and  won  for  hira  plaudits  and  honor  few  men  acquired 
during  his  term  of  service.  As  an  auxiliary  volunteer  sur- 
geon, he  reached  the  headquarters  of  Dr.  Tripler,  medical 
director  of  the  Arni}^  of  the  Potomac,  at  the  White  House, 
on  the  Pamunkey  River,  Virginia,  on  the  18th  of  May,  1862, 
and  was  by  that  officer  assigned  to  the  establishment  of  a 
hospital  at  that  point. 

A  letter  in  the  "  Albany  Evening  Times,"  dated  White 
House,  June  10,  1862,  will  give  some  idea  of  what  the  sur- 
geons had  to  contend  with  at  that  place,  and  the  inadequate 
provisions  made  to  care  for  the  sick  and  wounded,  —  an  emer- 
gency almost  entirelv  neglected.  Dr.  Swinburne,  with  Drs. 
Willard  and  Lansing  of  New  York,  and  Hall  and  Page  of 
Boston,  were  assigned  to  the  establishing  of  a  hospital  there, 


12  A   TYPICAL   AMKRICAN. 

where  they  succeeded,  after  one  week,  in  erecting  wall-tents 
sufficient  to  hold  from  twelve  hundied  to  fifteen  hundred 
patients.  When  they  commenced  their  work,  there  were 
only  a  few  tents  up,  while  patients  were  pouring  iu  at  the 
rate  of  from  one  hundred  to  one  hundred  and  fift}'-  a  day. 
Indeed,  there  were  nearly  three  hundred  sick  and  wounded 
under  the  trees  at  the  time,  awaiting  admission  to  a  hospital, 
and  a  severe  rain-storm  approaching.  Shelter  was  soon  pro- 
vided. The  next  consideration  was  something  to  keep  them 
from  the  ground,  in  the  form  of  beds.  Straw  arrived,  but  it 
was  found  to  be  wet  from  the  insufficient  housing,  like  all 
Virginia  economy ;  but  by  means  of  India-rubber  and  boards 
they  succeeded  very  well  in  keeping  dry.  The  next  day  Dr. 
Baxter,  brigade  surgeon,  sent  in  his  private  stock  of  hay 
(about  four  thousand  pounds),  and  distributed  it  through  the 
tents,  in  lieu  of  wet  straw ;  and  thereby  the  patients  were 
made  very  comfortable.  The  next  thing  to  be  attended  to 
was  food  for  these  hundreds  of  sick.  Now  came  the  rub.  It 
was  not  intended  to  make  this  point  a  hospital  of  any  size, 
and  hence  no  provision  had  been  made  for  such  an  influx  of 
patients;  but  the  unhealthiness  of  the  peninsula  about  York- 
town,  Williamsburg,  West  Point,  and  other  places,  added  to 
the  almost  constant  exposure  which  our  men  endured,  ren- 
dered them  victims  to  malarious  disease.  What  was  to  be 
done  ?  No  fresh  meat ;  no  kettles  to  cook  it  in  if  they  had 
it;  and  no  water,  except  what  was  brought  in  pails  from 
springs  a  half-mile  off. 

"  I  firmly  believe  [Dr.  Swinburne  wrote  at  that  time] 
that  more  men  will  die  who  go  home  in  this  condition 
(remittent  and  typhoid  fevers),  from  the  insufficient  knowl- 
edge of  the  physicians  to  whose  care  they  are  intrusted,  of  the 
character  of  this  disease  and  the  requisite  for  its  removal,  on 
the  one  hand,  and,  on  the  other,  from  the  injury  accruing  from 
moving  them  in  their  feeble  state,  coupled  with  the  closeness 
of  the  vessels  in  which  they  are  transferred.  Besides,  during 
the  stages  of  convalescence,  the  habit  of  lounging  and  drink- 
ing, to  which  they  are  inclined,  adds  very  materially  to  the 
danger  of  collapse.  On  the  contrarj^  if  they  are  kept  in 
open  hospitals,  like  storehouses  or  wall-tents,  and  are  supplied 


TIIK   S()M»IKR\s    kiuknd.  18 

with  proper  nourisliment,  stimulants,  medicines,  etc.,  tlie 
mortality  of  those  recuavfMl  before  the  sta^e  of  complete 
cerebral  exliaiistion  would  be  very  small,  —  not  more  than  one 
or  two  j)er  cent,  —  while  many  of  th(;m  who  had  arrived  at 
this  stage  of  exhaustion  could  be  saved.  Nearly  all  the 
latter  die  (if  moved  to  hospital  ships)  from  syncope.  I 
think  the  removal  in  this  enfeebled  condition  is  all  wrong; 
and,  under  any  circumstances,  it  would  be  far  better,  both 
for  the  troo])s  and  the  government,  to  build  large  store- 
houses, sufficiently  wide  for  two  rows  of  beds  and  a  spacious 
walk  in  the  centre  of  the  room  Jor  the  nurses  and  surgeons; 
the  rooms  to  be  at  least  twelve  feet  between  joints,  the  roof 
built  after  the  old  Dutch  peak  style.  This  structure  could 
be  built  a  few  feet  from  the  ground,  and  giating  made  in  the 
floor  all  along  the  line  of  the  middle  of  the  building  and  be- 
tween the  beds.  The  expense  of  this  class  of  buildings  would 
be  very  small  where  fine  pine  is  so  cheap.  In  this  kind  of 
hospital,  with  proper  sanitary  arrangements,  medical  attend- 
ance, etc.,  the  mortality  would  be  very  small,  while  to  the 
government  millions  of  dollars  would  be  saved.  Out  of  three 
thousand  sick  I  have  seen,  more  than  one-half  are  simply 
exhausted  from  sudden  changes  of  heat  and  cold,  long 
marches,  wet,  etc.,  and  only  require  rest  and  appropriate 
food." 

The  hospitals  established  at  White  House  were  in  readi- 
ness none  too  soon.  Hardly  had  the  last  peg  been  driven,  and 
the  anxiety  of  the  surgeons  been  set  at  rest  as  to  shelter  and 
food,  when  the  terrible  battle  of  Fair  Oaks  sent  them  plenty 
of  employment  to  occupy  their  minds  and  hands.  On  Satur- 
day night  the  brave  bo3's  began  to  come  in  in  greater  numbers, 
weary  and  wounded  in  every  conceivable  manner,  shattered 
by  shot  and  shell  as  only  brave  men  could  be,  and  bearing 
their  terrible  pains  with  a  sublime  heroism  which  cowards 
know  not  of.  By  those  who  were  on  the  ground,  it  is  reported 
that  Dr.  Swinburne  worked  from  four  o'clock  in  the  morning 
until  midnight,  and  was  again  at  work  the  next  morning  at 
daylight. 

Into  this  carnival  of  death  and  destruction  he  had  volun- 
tarily entered;  and  those  who  were  so  unfortunate  as  to  be 
wounded,  and  yet  so  fortunate  as  to  fall  under  his  care,  say 
his  pleasant  words  of  greeting  and  encouragement,  with  no 


14  A    TYPICAL   AMERICAN. 

dismal  forebodings  and  no  sign  of  discouragement  on  his 
countenance,  encouraged  many  a  brave  fellow  to  struggle 
through  who  would  otherwise  have  given  up  and  died.  He 
believed,  and  infused  the  feehng  into  others,  '■'  that  he  who 
laughed  most  was  surest  to  recover."  With  a  heart  as  sym- 
pathetic as  a  child,  and  with  a  nerve  only  an  approving  con- 
science could  insure,  he  moved  from  one  to  another  in  his 
humane  work,  encouraging  all,  and  deceiving  none. 

After  the  completion  of  his  work  at  White  House,  he  re- 
turned to  Albau}^  on  the  12th  of  June,  1862,  the  city  papers 
announcing  his  arrival ;  the  "Albany  Evening  Journal "  adding 
"•  that  he  was  anxious  to  return  to  the  hospitals,  but  urgent 
calls  at  home  might  prevent  his  return."  How  little  even 
his  journalistic  friends  had  divined  the  nature  of  this  noble 
man,  was  apparent  when  they  thought  that  there  was  any 
business  of  so  important  a  nature  that  he  could  consider  it 
of  more  importance  than  the  demands  of  his  country  and  its 
brave  defenders,  as  was  shown  in  an  announcement  in  the  same 
journal  only  two  day's  afterwards. 

Again  he  was  commissioned  by  Gov.  Morgan,  not  as  an 
auxiliary  surgeon,  as  befor6,  but  as  medical  superintendent  of 
the  wounded  New- York  troops  ;  and  on  the  14th  of  June,  two 
days  after  announcing  his  arrival,  the  "  Journal  "  said, — 

"Dr.  Swinburne  left  this  city  last  evening  for  Yorktown, 
to  assist  m  attending  upon  the  sick  and  wounded  soldiers. 
The  doctor  came  home  much  displeased  at  the  manner  in 
which  our  disabled  soldiers  were  treated,  and,  obtaining  letters 
here  to  the  heads  of  departments  such  as  he  desired,  started 
off  immediately,  hoping  to  remedy  the  existing  evils.  That 
the  doctor  will  succeed,  is  beyond  a  question  ;  and  that  he  will 
ultimately  carry  out  his  plans,  there  can  be  no  doubt." 

These  letters  referred  to  were  the  commission  as  medical 
superintendent  of  the  wounded  New- York  troops,  and  a 
letter  of  recommendation  and  indorsement  from  Gov.  Mor- 
gan to  Secretary  of  War  Stanton.  Equipped  with  these, 
he  started  for  Washington,  where  the  secretary  indorsed 
the  letter  to  United-States  Surgeon-Gen.  Hammond.  That 
official  promptly  entered  into  an  agreement  with  Dr.  Swin- 


TIIIC    .SOLDI  Kit's    KKIKNI).  15 

burne  for  "  nuMlicaJ  aiifl   surgical  services  to  be  renderef]   in 
connection  with  the  Army  ot"  the  Potomac." 

In  the  letter  to  the  secretary  of  war,  (iov.  Morgan  said,  — 

"No  surgeon  in  the  State  enjoys  a  more  deserved  reputa- 
tion than  he;  and,  from  liis  urbanity  and  uniform  courtesy, 
1  am  sure  tliat  no  misiuiderstanding  can  occur  between  tlie 
United-States  authorities  and  himself." 

On  his  arrival  at  Fortress  Monroe,  he  was  requested  by 
the  medical  director  to  take  charge  of  the  hospital  at  New- 
port News, —  a  proposition  he  declined  on  the  ground  that 
lively  times  were  soon  to  take  place  on  the  peninsula,  as  the 
army  drew  nearer  to  the  rebel  capital,  and  that  his  desire  was 
to  be  as  near  the  front  and  the  heat  of  battle  as  possible, 
where  he  would  be  able  to  effect  the  most  good  for  the  great- 
est number  of  sick  and  wounded  ;  that  the  demands  and 
dangers  were  the  incentives  to  make  him  the  more  anxious  to 
be  with  the  advance,  as  there  was  where  his  services  would 
be  in  greatest  demand. 

Dr.  Swinburne  had  scarcely  entered  upon  his  duties,  when 
he  received  a  signal  mark  of  distinction  from  the  comman- 
der-in-chief, Gen.  McClellan,  who  ordered  him  to  repair  to 
Savage  Station,  which  was  to  be  an  important  point  in  the 
approaching  conflicts,  and  to  establish  there  a  depot  for  the 
wounded,  giving  him  full  powers  for  the  carrying-on  of  his 
department,  and  full  command  over  all  the  forces  in  that  sec- 
tion so  far  as  pertained  to  a  surgeon  in  charge  of  the  sick  and 
wounded.     He  also  issued  the  following  order  :  — 

Headquarteks  Army  of  the  Potomac, 
Camp  Lincolx,  Va.,  June  20,  I8(i2, 

Special  Okder  Xo.   186. 

Thirteen  men  of  the  Second  Army  Corps,  ten  from  the 
Fourth  Army  Corps,  and  fourteen  from  the  provisional  army 
corps,  will  be  detailed  by  the  corps  commanders  to  report  to 
Acting  Assistant  Surgeon  John  Swinburne  for  duty  at  the 
hospital  at  Savage  Station. 

On  the  requisition  of  Acting  Assistant  Surgeon  John 
Swinburne,  in  charge  of  the  hospital  at  Savage  station,  the 
subsistence  department  will  issue  such  rations,  and  the  quar- 


16  A  TYPICAL  AMERICAN. 

terraaster's  department  will  furnish  such  transportation,  as 
may  be  required  for  that  hospital. 

By  command 

]\Iajor-Gen.  McCLELLAN. 
S.  Williams,  Assistant  Adjutant-General. 

In  connection  with  the  establishing  of  the  hospital  at  this 
point,  one  of  the  incidents  illustrating  his  foresight  was 
shown.  In  company  with  Gen.  McClellan  and  Medical 
Director  Tripler,  he  was  at  Savage  Station,  and  said  to  the 
general,  "You  must  have  a  depot  here  for  the  wounded,"  — 
"  How  do  you  know  ?  "  asked,  the  general.  "  Well,"  said  the 
doctor,  "  you  cannot  go  to  Richmond  without  a  battle  here  : 
if  you  are  victorious  you  will  want  a  hospital  here,  and  if 
you  are  defeated  you  must  leave  your  wounded  behind."  The 
general  answered,  "  You  are  not  supposed  to  know  any  thing 
about  such  matters."  —  "Perhaps  not,"  said  the  doctor,  "in 
military  parlance  ;  but  I  know,  nevertheless."  Soon  after 
this  conversation,  the  general  carried  out  the  suggestion,  and 
issued  the  order. 

At  the  time  this  order  was  given,  it  was  believed  the  year 
would  be  pregnant  with  the  fate  of  the  Republic,  as  the  pre- 
monitions were  that  events  were  approaching  a  decisive  ter- 
mination. McClellan's  preparations  around  Yorktown,  and 
for  the  advance  on  Richmond,  were  about  completed  ;  and  the 
imagination  started  back  appalled,  at  the  vision  of  slaugh- 
tered heaps,  and  garments  rolled  in  blood,  that  rose  in  the 
future.  The  government,  the  officers  in  command  on  the 
field,  the  army,  and  the  people,  believed  that  in  the  few  com- 
ing weeks  the  Army  of  the  Poromac  would  pass  through  a 
terrible  ordeal  of  war,  and  that  the  entire  peninsula  from 
Yorktown  to  Richmond  would  be  a  succession  of  desperate 
struggles,  carnage  and  death.  Both  armies  were  in  excellent 
condition,  and  anxious  for  the  hoped-for  final  struggle,  which 
the  whole  North  and  the  army  believed  was  to  end  in  the  fall 
of  the  rebel  capital,  the  overthrow  of  treason,  and  the  hasty 
and  permanent  suppression  of  the  Rebellion,  —  a  consumma- 
tion every  royal  heart  prayed  tlie  God  of  battles  would 
hasten,  and  which  every  traitor  in  the  North  feared,  but 
hoped  would  not  come  about. 


TIIIO    SOIiDIKR's    FKIICNI).  17 

No  man  in  the  army  or  in  civil  life  realized  more  keenly 
the  terrible  tide  of  fire  throngh  wliich  all  the  actors  in  this 
field  were  to  pass,  than  did  Dr.  Swinbnrne,  unless  it  may  have 
been  the  commanding  general,  George  B.  McClellan,  himself. 
That  in  no  arm  of  the  service  was  true  patriotism,  bravery, 
and  courage  more  requisite  than  in  the  medical  and  surgical 
department,  was  well  understood  by  the  general.  If  the 
army  was  victorious,  the  wounded  must  often  be  left  with 
the  surgeons  in  the  rear,  subject  to  be  harassed  and  besieged 
by  enemies  and  adventurers.  If  it  met  with  defeat,  they 
would,  in  all  probability,  fall  into  the  hands  of  the  enemy. 
As  near  to  the  front  and  the  field  of  battle  as  possible,  the 
surgeon  was  wanted.  In  selecting  for  the  supervision  of  this 
important  duty  on  that  anticipated  and  inevitable  field  of 
slaughter,  the  general  had  reason  to  place  in  Dr.  John  Swin- 
burne the  utmost  confidence  as  to  his  patriotism,  bravery, 
and  skill.  The  doctor  knew  the  dangers  and  duties  of  the 
position  ;  but  he  was  there  from  his  love  of  country  and 
humanity,  and  like  many  of  his  comrades,  while  realizing  the 
dangers,  never  thought  of  shirking  dut}^  but  determined 
to  offer  his  life  as  a  sacrifice,  if  it  were  requisite.  Events 
that  followed  proved  his  devotion  and  bravery,  when  to  be 
brave  was  to  ignore  self  for  others,  and  demonstrated  the 
wisdom  of  the  general  in  his  selection. 

From  the  evacuation,  b}'  the  rebels,  of  Yorktown  on  'Slav  3, 
to  the  retreat  of  the  Union  forces  from  Savage  Station  on 
June  29,  the  army  bad  passed  through  a  baptism  of  blood, 
brilliant  victories,  and  shattered  hopes.  During  so  brief  a 
period  the  annals  of  history  show  no  record  of  greater  achieve- 
ments and  personal  acts  of  heroism  than  were  there  per- 
formed by  our  brave  fellows,  and  none  greater  in  self-denial 
and  fearlessness  of  danger  than  that  exhibited  by  the  noble 
surgeon  whose  profession,  and  part  in  the  conflict,  was  not  to 
destro}"  life  or  limb,  and  make  widows,  but  to  save  the  one, 
and  prevent  the  other.  The  order  was,  "  On  to  Richmond," 
and,  as  the  Union  chain  was  being  drawn  closer  and  closer 
around  the  Kebel  capital,  the  times  became  more  trvincr. 
Flushed  with    victorv   at   Yorktown,   and  the    rout   of   the 


18  A    TYPICAL   AMERICAN. 

enemy  at  ILmover  Court-House,  our  gallant  army  swept  on- 
ward. These  were  as  a  prelude  to  one  of  the  most  despei'ate 
battles  so  far  fought  on  the  peninsula,  that  of  Fair  Oaks, 
when  the  Rebel  arm}',  led  by  Hill  and  Longstreet,  dashed 
down  on  our  lines,  determined,  apparently,  to  annihilate  our 
whole  army.  The  mantle  of  darkness  fell  that  Saturday 
night,  as  a  funeral  shroud,  on  a  ghastly  spectacle  of  the  slain, 
who  lay  in  heaps  ;  and,  as  a  requiem  over  these  dead,  the 
breezes  were  laden  with  the  moans  of  wounded  on  their  gory 
bed,  presenting  a  scene  of  which  those  wlio  were  not  there, 
or  remained  in  the  quietude  where  war  did  not  rage,  can 
never  dream,  much  less  realize.  Tlie  following  Sunday, 
June  1,  presented  a  spectacle  over  which  angels  might  weep, 
when  over  ten  thousand  men  lay,  by  the  cruel  fates  of  war, 
among  the  dead  and  wounded,  but  over  which  the  heart  of 
the  army  bounded  with  joy,  as  these  sad  tokens  were  the 
proofs  of  a  terrible  conflict,  and  a  gioiious  victory  for  our 
forces.     There  was  no  rest  for  the  doctor  that  Sunday. 

The  New-York  troops  who  were  in  the  brigades  of  Heint- 
zelman,  Kearney,  Sickles,  Meagher,  Meade,  Hooker,  Sumner, 
Franklin,  and  P'rench,  through  these  days  of  fire  on  the 
Chickahominy  up  to  the  seven-days'  fight  and  battle  of  Sav- 
age Station,  —  where  Dr.  Swinburne,  in  the  heroic  discharge  of 
his  duty,  became  a  voluntary  prisoner  of  war  rather  than  de- 
sert the  wounded  patriots  in  liis  charge,  —  will  never  forget 
their  comrades,  or  withhold  from  them  the  honor  and  praise 
they  have  earned. 

They  owe  to  posterity  and  to  the  memory  of  the  brave  dead, 
that  they  should  not  take  council  from  the  "Albany  Argus," 
—  a  journal  which,  at  the  very  time  they  were  sleeping  in  the 
swamps  and  miasma  aronnd  Richmond,  declared  the  "war  a 
failme,"  —  and  disband  their  Grand  Army  posts,  but  ever 
keep  alive,  and  kindle  anew,  the  memories  of  the  heroism  of 
the  days  of  the  '60's  ;  and,  in  bearing  their  scars  as  a  proud 
heritage  to  their  offs})ring,  many  of  them  will  remember  the 
surgeon  who  volunteered  first  his  services,  and  then  his  lib- 
erty, and  at  the  time  possibly  his  life,  for  the  benefit  of  the 
sick,  wounded,  and  dying  boys  in  blue. 


TIIK    Hf)IJ)IICi:'s    I'lMKNI).  19 

Testiinoniiils  of  iip[)rociat.i()ii  of  liis  services  in  military  life 
were  sliowin-ed  on  liiin  not  only  l)y  the  press  of  the  city  of 
Albany,  which  took  a  iiatiii'ai  loeal  j)ri(l(!  in  his  eminent  ser- 
vices, but  by  the  jjress  of  the  country,  the  officials  at  the 
head  of  the  National  Government,  and  from  those  high  in 
authority  in  the  State  Government. 

Soon  after  his  arrival  at  Savage  Station,  he  received  the 
following  official  letter  from  headquarters  in  the  State  of 
New  York:  — 

State  of  New  YoRif,  Suroeon-Geneua-l's  Office, 
Alijany,  June  2o,  1802, 

Dear  Doctor,  —  Your  letters  from  Washington  and  Sav- 
age Station  were  both  duly  received,  and  read  to  the  governor. 
He  is  very  much  gratified  with  the  success  you  have  met,  and 
feels  assured  great  good  will  result  from  your  mission.  I 
really  wish  you  God  speed  and  success.  I  assure  you,  your 
great  labors  are  appreciated  by  your  friends,  and  we  all  feel 
you  are  in  a  field  where  the  greatest  good  will  be  accom- 
plislied. 

Truly  yours, 

S.  OAKLEY  VANDERPOEL, 
John  Savinburne.  Surgeon-General. 

This,  coming  from  the  head  of  the  medical  department  in 
the  State  of  New  York,  was  a  grateful  tribute,  well  earned, 
and  but  faintly  reflected  the  feelings  of  the  hearts  of  the 
people  who  knew  the  recipient.  It  was,  however,  but  a  snow- 
flake  in  the  shower  of  compliments  bestowed  on  him  by  press 
correspondents,  historians,  medical  men,  and  others,  who  were 
eye-witnesses  of  his  devotion  and  bravery  before  and  after 
he  was  taken  prisoner. 

A  correspondent  of  the  "  New- York  Tribune,"  writing  from 
Mechanicsville  under  date  of  June  23,  said,  — 

"  Dr.  John  Swinburne  of  Albany  has  recently  been  ap- 
pointed acting  assistant  surgeon-general,  and  has  been  as- 
signed to  take  charge  of  the  hospital  for  wounded  soldiers  at 
Savage  Station.  Since  j'esterda}^  he  has  caused  to  be  put 
up  tents  to  accommodate  six  hundred  patients.  Everything 
necessary  for  the  wounded  has  been  provided.  During  the 
week,  additional  accommodations  for  over  two  thousand  men 


20  A   TYPICAL   AMERICAN. 

will  be  provided  ;  so  that  the  wounded  will  not  be  compelled 
to  be  out  under  the  scorching  sun  by  day,  and  the  cold  and 
heav}^  dew  by  night,  as  was  the  case  at  the  recent  battle  of 
Seven  Pines  or  Fair  Oaks." 

The  Rev.  James  J.  Marks,  a  volunteer  chaplain  to  a  Penn- 
sylvania regiment,  who,  true  to  his  mission,  remained  with 
Dr.  Swinburne  at  Savage  Station,  caring  for  the  sick  and 
wounded,  and  was  taken  prisoner,  said  in  the  preface  to  his 
work  entitled  "The  Peninsular  Campaign,  or  Incidents  and. 
Scenes  on  the  Battle-Fields  and  in  Richmond,"  — 

"  This  work  is  given  to  the  public  with  many  misgivings ; 
for  it  has  been  prepared  by  camp-fires,  in  the  midst  of  hospi- 
tal labors,  and  on  marches  on  the  Rappahannock,  in  the 
mountains  of  Virginia,  and  under  the  pressure  of  exhausting 
hospital  duties.  In  the  haste  of  such  compilation,  I  may 
have  made  criticisms  too  sweeping  and  seemingly  too  severe, 
as  is  intimated  by  my  excellent  friend.  Dr.  Swinburne;  but 
let  it  be  remembered  that  no  man's  vices  in  the  army  are 
pushed  into  such  an  odious  and  unendurable  prominence  as 
those  of  a  self-indulgent,  intemperate,  and  heartless  surgeon. 
No  one  endures  more  and  perils  more  than  the  faithful 
surgeon." 

In  giving  an  account  of  the  scenes  of  the  seven-days' 
battles,  or  the  second  battle  of  Fair  Oaks,  which  commenced 
on  the  25th  of  June  by  the  advance  of  Gen.  Heintzelman's 
brigade,  he  says,  — 

"The  picture  of  the  friendly  interchange  of  papers  and 
tobacco  between  the  men  of  the  two  armies  was  changed 
to  one  of  hatred,  blood,  and  carnage.  The  opening  of  the 
slaughter  was  made  by  tlie  advance  of  Gen.  Hooker;  the 
attacking  column  consisting  of  Grover's,  Sickle's,  and  Robin- 
son's brigades,  with  Gen.  Kearney  protecting  the  left,  and 
Col.  Hicks,  with  the  Nineteenth  Massachusetts,  on  the  right. 
Slowly  and  steadily  the  brigades  advanced,  the  occasional 
shots  of  the  advancing  skirmishers  changing  to  an  incessant 
fusilade  of  infantry  and  the  booming  of  cannon  ;  and  shortly 
after,  the  clouds  hung  heavy  with  smoke,  and  streams  of  fire, 
and  the  whole  line  was  engaged  in  the  struggle  of  war." 

In  speaking  of  a  number  of  surgeons  who  at  the  battle  of 
Fair  Oaks  had  distinguished  themselves  by  surgical  opera- 


Tiiio  soldikii'h  FiiiF':Nr).  21 

tions,  among  wlioin  wore  Drs.  Page  and  Hull  of  lioston, 
Bliss  of  Michigan,  and  Swinburne  of  Albany,  Dr.  Marks 
said,  — 

"The  latter  gentleman  had  been  sent  to  the  army  by  Gov. 
Morgan  of  New  York  to  minister  relief  to  the  wounded  sol- 
diers of  that  State,  and  to  give  thein  the  benefit  of  his  emi- 
nent surgical  abilities.  To  a  most  unflin(;liiiig  hand  he  added 
the  gentlest  heart,  always  sparing  when  there  was  the  least 
hope  for  a  shattered  liml),  and  by  a  thousand  acts  of  kindness 
endearing  himself  to  a  multitude  of  sufferers." 

All  correspondents  at  the  front  agree  in  their  testimony 
that  this  volunteer  surgeon  from  New  York,  who  was  there 
without  any  pecuniary  compensation,  and  who  has  never  soli- 
cited or  received  one  dollar  for  his  eminent  services,  was  not 
satisfied  with  the  simple  dressing  of  wounds,  but,  over  the 
unfortunate  sick  and  disabled,  exercised  a  mother's  watchful- 
ness and  care,  always  aiming  to  secure  for  them  all  the  com- 
forts of  life  it  was  possible  to  secure.  Unlike  too  many  of 
the  paid  and  heartless  surgeons,  he  did  not  wait  for  the  arri- 
val of  the  unfortunate  to  provide  them  shelter,  but  labored 
for  these  before  they  were  in  demand  ;  and,  as  a  result,  the 
wounded  were  unusually  fortunate  who  came  to  his  depart- 
ment. 


CHAPTER   III. 

A    PRISONER   OF   WAR. 

Retreat  of  tlie  Army  from  Savage  Station.  —  A  Shocking  Scene.  -  In  tlie 
Hands  of  tlie  Rebels  a  Volunteer  Prisoner. — Eating  from  the  Operating- 
Table.  —  The  Surgeon  and  the  Picket.  —  Loyal  to  the  Core.  —  Return  Home, 
and  Cordial  Reeei)tion.  —  Honored  by  the  Enemy.  —  An  Heroic  and  Daring 
Act.  —  A  Ludicrous  Sight.  — Notices  of  the  Press. 

The  "  American  Medical  Times,"  in  an  article  during  the 
war,  said, — 

"  To  be  in  the  medical  service  of  the  army  is  now  a 
patriot's  privilege,  and  we  predict  that  it  will  soon  become  a 
higher  honor  than  ever  before  to  be  a  member  of  the  medical 
staff  of  the  American  army." 

A  war  correspondent  of  the  "New- York  World,"  in  writ- 
ing from  the  front,  in  referring  to  the  provisions  of  a  bill  to 
abolish  the  office  of  brigade  surgeons,  said, — 

"  It  miglit  seem  a  matter  of  regret  that  the  surgical  corps 
of  the  army  should  be  reduced  instead  of  being  re-enforced  ; 
and  yet,  on  the  other  hand,  it  must  be  confessed,  that,  if  bri- 
gade surgeons  generally  are  on  a  par  with  those  in  the  majority 
in  the  department  of  the  South,  the  office  may  be  abolished 
with  little  diminution  in  the  professional  acquirements  and 
efficiency  of  the  surgical  corps.  Some  of  them  are  unfit  to 
hold  any  position  demanding  either  soundness  of  judgment 
or  rectitude  of  character." 

The  criticism  of  the  "  World's  "  coi-respondent  would  apply 
with  equal  force  to  many  of  the  surgeons  in  the  department  of 
the  peninsula  where  it  was  found  necessary  to  discharge  from 
the  service  more  than  one  or  a  dozen  surgeons  for  incompe- 
tency, and  want  of  character,  still  leaving  a  large  number  who 
would  have  made  better  butchers  than  surgeons.  Of  the 
class  to  whom  the  "Medical  Times"  refers.  Dr.  Swinburne 
belonged,  although  it  is  a  question  whether  the  service  was 


A    rUISf)NIOR    OK    WAll.  23 

not  more  lioiiorcd  hy  his  buiii;;'  in  it  tliaii  its  lioiioring  him. 
No  iiitiiiuitioii  of  iricornpeteric}''  or  imriK>nility  was  ever 
breathed  against  him  ;  and  it  is  donbtf'ul  whetlier  any  other 
gentleman  attaelied  to  the  medical  and  snrgieal  ef)rj)s  ever 
received  such  honorable  mention  as  he  did. 

On  Sunday,  the  29th  of  June,  the  Army  of  tlie  Potomac 
retreated  from  Savage  Station.  It  was  found  impossible  to 
take  with  it  all  the  wounded,  and  consequently  thousands  of 
these  were  to  be  left  to  fall  into  th(!  hands  of  the  enemy,  to  be 
treated  by  them  as  only  i)risoners  in  Rebeldom  understood. 
There  were  no  military  orders  to  compel  Dr.  Swinburne  to 
remain  ;  and  it  was  purely  a  question  whether  he  would  at 
the  last  moment  look  to  liis  own  safet}',  and  do  as  others  did, 
—  leave  these  men  to  their  fate,  —  or  acting  on  the  impulses 
of  humanity,  and  love  for  the  brave  fellows,  remain,  and  share 
their  unfortunate  lot.  The  people  of  the  loyal  States,  and  the 
army,  had  learned  too  truly  to  realize  that  to  be  taken  prisoner 
was  equivalent  to  an  almost  certain  slow,  torturing  death;  yet 
the  doctor  promptly  responded  to  the  impulses  of  his  noble 
nature,  and  decided  to  remain  with  those  in  the  hospitals. 
The  announcement  that  this  noble  volunteer  had  risked  his 
all,  and  was  a  prisoner,  was  received  with  sorrow  as  a  great 
public  loss.  The  press  universally  recited  his  many  acts  of 
bravery,  and  printed  eulogies  on  his  humanity. 

Of  the  place  where  he  voluntarily  elected  to  remain,  the 
"Richmond  Examiner"  gave  this  description:  — 

"The  battle-field,  surveyed  through  the  cold  rain  of 
Wednesday  morning,  presented  a  scene  too  shocking  to  be 
dwelt  on  without  anguish.  The  woods  and  the  fields  on  the 
western  side  were  covered  with  our  dead  in  all  the  degrees 
of  violent  mutilation  ;  while,  in  the  woods  on  the  west  of  the 
field,  lay  in  about  equal  numbers  the  blue  uniforms  of  the 
eneni}'." 

It  was  a  busy  time  for  the  surgeons,  such  as  remained,  for 
some  time  ;  and  one  correspondent  wrote  that  the  brave  Dr. 
Swinburne  was  untiring  in  his  work,  making  in  one  day 
twenty-six  exsections  of  the  shoulder  and  elbow-joints,  a 
number  of  amputations,  and  extracting  a  double  handful  of 


24  A  TYPICAL   AMERICAN. 

bullets.  •  He  had  a  bain  and  two  sheds  assigned  him,  and 
never  left  the  operating-room  while  the  wounded  were  being 
brought  in.  During  the  lulls,  he  ate  his  hard-bread  and  hom- 
iny, and  drank  his  coffee,  from  off  the  operating-taV)le. 

In  a  letter  to  Gov.  Morgan  from  the  medical  director  of 
the  army,  officially  announcing  the  capture  of  Dr.  Swinburne, 
the  director  said,  — 

"Dr.  Swinburne  was  left  with  the  wounded  at  Savage 
Station.  The  courage  and  devotion  exhibited  b}'  Dr.  Swin- 
burne will  secure  to  him  the  deepest  gratitude  of  those  of 
the  sick  and  wounded  under  liis  charge,  and  the  unqualified 
esteem  of  the  public  at  large." 

The  fortitude,  heroism,  and  self-sacrificing  spirit  of  Dr. 
Swinburne  and  some  of  his  associates  have  been  described  by 
a  writer,  and  incorporated  in  the  "  History  of  the  Struggles 
at,  and  Retreat  from.  Savage  Station."     He  says, — 

"  By  order  of  Gen.  McClellan,  Dr.  Swinburne  had  been 
placed  in  charge  of  this  station.  And,  while  the  army  was 
near  that  point,  there  was  an  abundance  of  help  to  be  had 
from  the  surgeons  of  the  army  ;  but,  after  the  defeat  of  our 
army  at  that  point,  most  all  the  surgeons  and  nurses  had  been 
oixlered  to  their  regiments  or  to  other  points.  As  the  army 
was  preparing  to  leave,  and  the  rebels  were  preparing  to  cross 
the  Chickahominy,  most  of  the  wounded  had  been  removed. 
There  were  still  one  hundred  and  fifty  of  the  most  severely 
wounded  remaining  at  the  hospitals.  To  every  officer  on  the 
ground  it  was  well  known  that  to  remain  there  would  place 
them,  in  a  few  short  hours,  in  the  very  centre  of  a  field  of 
carnage,  cut  off  from  all  means  of  escape  ;  and  that  becoming 
prisoners  of  war,  with  all  the  honors  and  privations  such  a 
fate  was  well  sure  to  bring,  was  inevitable.  Under  these  cir- 
cumstances, a  number  availed  themselves  of  the  last  opportu- 
nity, and  left  with  the  army. 

"  On  Sunday  morning,  June  29,  every  thing  was  ready,  and 
the  march  of  the  army  in  the  direction  of  the  James  River 
was  commenced.  Tlie  enemy  was  then  crossing  the  river. 
On  the  bluffs  overlooking  the  river  was  Meagher's  Irish  bri- 
gade. The  general  saw  the  situation,  and  the  fate  that  must 
so  soon  overtake  those  in  charge  of  the  hospital,  and  sent 
Col.  Burke  of  the  Sixty-thiid  IS'ew-York  to  urge  the  remov- 
al of  all  the  inmates  as  speedily  as  possible,  as  the  probabili- 
ties were  now  almost  certain  that  in  a  few  moments  the  enemy 


A  riiisoNKit  r)K  wAit.  25 

would  rush  up  and  [)liuifc  tlicii-  hattorics  in  the  fields,  and  tlie 
lioiiso  and  barns  would  he  sci/e<l  in  IIkj  comin^f  cordiict,  alter- 
nately by  both  sides,  as  plaees  of  rall\in;^  and  (hdcnee. 

"lie  was  told  that  they  were  without  ambulances,  that 
every  one  had  been  ordered  away,  that  there  was  not  a  wagon 
or  horses,  and  not  more  than  six  men  well  enough  to  help  the 
others  away,  and  tliat  for  these  to  remove  one  hundre(l  and 
iil'ty  sick  was  sim])ly  im[)ossible,  and  the  f)nly  alt(irnative  was 
to  remain  and  trust  to  (rod,  as  they  had  done  before. 

"The  general  and  colonel  both  realized  the  desperate  con- 
dition, but  could  render  no  assistance.  Ever}'  man  in  the 
brigade  was  needed  at  his  post,  and,  if  they  could  be  spared, 
the  place  to  which  they  might  carry  the  sick  might  prove  to 
be  the  spot  of  the  severest  carnage. 

"  At  the  earnest  urging  of  (~!ol.  Burke,  a  volunteer  chaplain 
from  Pennsylvania  rode  to  Gen.  Heintzelman's  headquaiters 
to  make  known  the  state  of  affairs.  The  general  listened  to  the 
story  of  the  devoted  chaplain,  and  replied  that  nothing  could 
be  done,  that  all  the  wounded  at  Savage  Station  would  have 
to  be  left  behind,  and  that  it  was  a  matter  of  stern  neces- 
sity to  leave  the  wounded  in  the  hands  of  the  enemy.  The 
chaplain  then  asked  what  the  general  deemed  was  his  (the 
chaplain's)  duty  under  the  circumstances,  to  which  Gen. 
Heintzelraan  replied, — 

"  '  I  cannot  advise  you.  If  you  remain,  you  will  become  a 
prisoner  ;  no  man  can  tell  what  you  will  have  to  endure  ;  you 
will  lose  all.  You  have  no  commands  holding  you  here,  and, 
if  you  please  to  o'o  with  the  army,  no  one  ought  to  blame 
you.'" 

To  leave  the  sick  and  wounded  under  such  circumstances, 
as  some  did,  would  have  been  dishonorable;  but  Dr.  Swin- 
burne, the  chaplain,  and  a  few  others,  remained,  and  resolved 
to  die,  rather  than  cruelly  desert  the  men  who  now,  more 
than  ever,  demanded  their  care.  That  evening  the  conflict 
began,  the  shot  and  shell  falling  among  the  sick  and  wounded  ; 
and  at  night  the}^  were  prisoners  of  war.  These  voluntary 
prisoners,  prompted  b}"  love  of  country,  and  sympath}'  for 
the  sick,  elected  capture  and  all  its  hardships  by  a  cruel  and 
heartless  foe,  rather  than  freedom  and  all  its  comforts.  What 
they  feared  in  the  event  of  capture  was  fully  realized.  They 
were  subjected  to  privations  and  hardships  under  which  many 
succumbed  and  died ;  while  others  were  so  shaken  and  shat- 


26  ^       A    TYPICAL   AMERICAN. 

tered  physically,  that  soon  after,  "beneath  the  starry  flag 
where  they  breathed  the  air  of  freedom  in  tlieir  own  beloved 
land,"  tliey  were  nnmbered  among  the  army  in  eternity. 
And  it  is  safe  to  say  that  no  man  who  fell  into  the  enemy's 
hands  as  a  prisoner  of  war  ever  recovered  his  former  vigor 
and  wonted  health  again.  The  nation  owes  a  debt  of  grati- 
tude to  these  men  for  their  heroism  and  devotion,  and  the 
expenditure  of  their  individual  means  to  make  the  sick  and 
wounded  comfortable  in  captivity,  which  no  pecuniary  com- 
pensation can  extirpate. 

The  surgeon  too  often,  like  the  picket,  has  been  passed 
over  with  a  simple  announcement,  "  He  was  shot  on  picket," 
or,  "Our  pickets  were  driven  in,"  or,  "The  enemy's  pickets 
were  put  to  flight ;  "  and  occasionally  the  poet  told  us  in  song 
that  "the  picket  is  off  duty  forever."  Of  the  surgeon  we  were 
told,  "He  was  killed  by  a  bursting  shell,"  or,  "He  fell  in  the 
discharge  of  his  duty."  Yet  these  are  positions  eminently 
demanding,  in  their  discharge  of  duty,  courage,  caution, 
patience,  vigilance,  and  often  a  nerve  of  iron.  If  the  pickets 
were  timid,  cowardly,  negligent,  or  faithless,  the  thousands 
and  tens  of  thousands  depending  on  them  were  in  danger. 
The  success  and  safety  of  the  army  always  depended  on  the 
pickets'  faithfulness,  and  through  them  some  of  its  most 
brilliant  victories  were  won.  Equal  responsibility  in  the 
prompt  care  of  the  sick  and  wounded  depended  on  the 
presence,  honesty,  and  skill  of  the  surgeon.  Of  the  latter 
class  was  Dr.  John  Swinburne,  whose  never  flinching  from 
the  discharge  of  duty  in  any  of  the  walks  of  life,  has  won 
for  him  the  gratitude  of  the  soldiers,  the  people,  and  of  the 
State  ;  all  of  whom  have  repeatedly  honored  him,  the  lat- 
ter through  its  officials  of  both  parties  in  elevating  him  to 
positions  of  official  trust,  and  the  former  in  repeatedly  elect- 
ing him  to  some  of  the  highest  positions  in  government  within 
their  power  to  bestow.  In  every  instance  he  has  proven  wor- 
thy the  preferment  bestowed;  and  he  still  grows  warmer  in 
the  hearts  of  the  people,  whose  appreciation  will  manifest 
itself  still  further  while  he  is  living,  and  will  cause  his  name 
to  be  held  in  grateful  and  honored  memory  long  after  he  has 
ceased  to  take  an  active  part  in  the  duties  of  life. 


A    PRISON  KK    OK    WAR.  27 

From  anioni;  the  Imiulreds  of  notices  of  his  life  in  the 
army,  ]:)ul)lish(Ml  in  th(!  i);ij)ers  of  this  Slate,  we  colhite  a  few 
iVom  th(!  joiii'iials  oi"  both  j)artics  wlio  iinilc*!  in  paying  trib- 
ute to  tiiis  eminent  gentleman. 

The  l^'orlress-Monroe  eoi'respoinlcnt  of  the  "  New- York 
Times  "  gives  this  account  of  ihe  cliaracUjristic;  fearlessness, 
and  devotion  to  his  noble  calling,  on  the  oc(;asion  of  the 
advance  of  the  icjbels  on  Savage  Station  :  — 

"I  am  glad  to  say  that  all  those  who  wei'e  at  Savage 
Station  on  Friday,  June  27,  were  safely  removed,  except  ofie 
hundred  and  fifty.  Three  thousand  were  safely  transferied 
on  board  five  steamers  at  White  House,  and  conveyed  to 
Fortress  Monroe.  Drs.  Rogers  of  New  York,  Swinburne  of 
Albany,  Charles  R.  Greenleaf  and  J.  Allen  of  New  York, 
were  the  parties  who  conveyed  them  to  the  White  House, 
Dr.  Allen  proceeding  with  them  to  P\)rtress  JNIonroe-  Dr. 
Swinburne  was  taken  prisoner  at  Savage  Station,  and  all 
concur  in  testimon}^  of  his  great  braver}'  and  lo3'al  devotion. 
The  published  statements  that  the  rebels  fired  upon  the 
hospitals  are  quite  true.  Dr.  Allen  assured  me  that  they  con- 
tinued shelling  the  building,  full  of  the  wounded  and  dying 
men,  until  Dr.  Swinburne  boldly  sallied  forth  with  a  flag  of 
truce,  when  they  desisted." 

The  correspondent  of  the  "  New- York  World,"  writing 
from  Savage  Station  under  date  June  28,  said, — 

"  Every  available  spot  of  tent-room,  or  shaded  greensward, 
or  outbuilding,  is  crowded  thick  with  the  wounded  from 
yesterday's  conflict.  Besides,  the  train  loaded  this  morning 
is  still  filled  with  the  men,  most  of  whom  can  walk,  and 
who  long  to  reach  some  spot  where  they  can  receive  care." 

On  the  29th  he  wrote,  — 

"I  find  myself  suddenly  almost  alone,  —  no  companions 
save  the  sick  and  wounded,  and  the  faithful  suigeons  (under 
Dr.  Swinburne)  in  attendance  upon  them.  All  the  wounded 
who  could  walk  have  been  started  down  the  road  towards 
the  river.  I  learn  that  all  the  ambulances  and  wiigons  that 
can  be  used  for  the  purpose  have  been  filled  with  the  severe- 
ly wounded,  and  started  toAvard  the  river.  The  balance, 
nearly  eight  hundred,  have  been  provided  with  tents  and  hos- 
pital stores,  and  are  to  be  kept  here  for  the  present,  in  caie 
of  the  surgeons,  who  have  volunteered  to  stay  and  minister 
to  their  wants,  and  trust  to  the  clemency  of  the  enemy." 


28  A   TYPICAL   AMERICAN. 

In  a  correspondence  published  in  the  "  World  "  on  July  5, 
the  writer  said, — 

"  This  is  not  the  time  to  pay  tribute  to  the  living  heroes. 
Hereafter  I  shall  name  them,  and  do  them  full  justice.  Dr. 
Swinburne  had  the  general  supervision  of  the  hospitals 
necessarily  abandoned  by  Gen.  Porter.  As  many  of  the 
wounded  as  could,  retired  with  the  army;  but  large  numbers 
remained,  and  Dr.  Swinburne  with  others  remained  with 
them.  The  country  and  the  world  will  honor  them  for  their 
heroic  self-devotion." 

The  war  correspondent  of  the  "New-York  Herald"  on 
July  1  paid  this  compliment  to  Dr.  Swinburne:  — 

"  The  best  possible  care  is  being  taken  of  our  gallant 
wounded.  Commanding  generals  occupying  the  dwellings 
on  the  field  in  the  earlier  part  of  the  day  as  headquarters, 
have  all  yielded  tliem  to  be  used  as  temporary  hospitals. 
For  hours,  as  fast  as  ambulances  can  convey  them,  they  have 
been  taken  to  Savage  Station,  where  accommodations  for 
their  care  exist  on  a  scale  of  magnitude  somewhat  propor- 
tionate to  the  necessities  of  an  army  of  our  size.  I  am  told 
that  already  over  four  hundred  have  been  taken  to  the  latter 
place.  A  large  and  efficient  corps  of  surgeons  has  been 
detailed  to  give  prompt  and  proper  attention  to  them,  the 
whole  under  charge  of  Dr.  Swinburne." 

Under  date  of  July  7,  the  correspondent  of  the  "  Herald  " 
said, — 

"  By  Sunday,  however,  the  general  movement  of  the  army 
towards  the  James  River  was  so  far  advanced  that  it  became 
necessary  to  abandon  Savage  Station.  Heintzelman's  whole 
corps  fell  slowly  back  from  Savage  Station  towards  the 
White-Oak  Swamps.  There  being  no  means  of  transporting 
them,  twenty-five  hundred  sick  and  wounded  soldiers  were 
left  behind  at  Savage  Station,  in  charge  of  Dr.  Swinburne  of 
Albany." 

The  correspondent  also  details  the  firing  on  the  hospital, 
when  Dr.  Swinburne  exposed  himself  to  the  fire  by  advan- 
cing with  a  flag  of  truce,  and  having  the  cruelty  stopped. 

The  "Herald"  editorially,  on  July  10,  said, — 

"The  recent  retreat  of  our  army  from  the  Chickahominy 
to  the  banks  of  the  James  River,  conducted  as  it  was  with 


.  A    PRISON  KIl   OF    WAIl.  29 

orrlor  and  steiuliiicKK,  was  yet  marked  with  one  dei)l()raljle 
feature :  we  were  eonipelled  to  leave  heliiiid,  and  at  the  mer- 
cy of  an  inruriiiled  enemy,  a  lar<;e  nn!nl)er  oC  our  wounded. 
This  fact  is  attrihutcMl  entirely  to  tin;  known  incHiciency  of 
our  aml)ulan(!e  .system.  In  the  French  and  Prussian  armies 
an  occurrence  ot  this  kind  would  be  almost  impossible,  and, 
at  all  events,  could  not  fail  to  bring  down  the  severest  cen- 
sure on  the  depai'tment  responsible  for  it." 

While  the  war  correspondents  were  a  unit  in  commending 
the  management,  skill,  and  bravery  of  Dr.  Swinburne,  they 
were  all  led  into  the  same  error  as  to  the  reasons  why  bO 
many  wounded  were  left  behind.  They  saw  there  were  a 
great  many,  even  thousands,  but,  in  the  excitement  of  the 
hour,  did  not  learn  the  real  cause.  And  this  unintentional 
error  on  the  part  of  the  correspondents  misled  the  editors  at 
home.  Dr.  Swinburne  had  provided  amply  for  the  transpor- 
tation of  all  who  were  in  condition  to  be  removed,  and  they 
were  taken  to  a  place  of  safety.  There  were  numbers  of 
ambulances  sent  away  without  any  wounded  from  the  hos- 
pitals at  that  point,  simply  laden  with  food  ;  and  all  who 
were  left  were  in  such  a  condition,  many  of  them  in  delir- 
ium, that  to  have  attempted  a  removal,  even  for  a  short  dis- 
tance, would  have  proven  fatal.  When  the  doctor  realized 
thtit  the  position  was  more  than  probable  to  fall  into  the 
hands  of  the  enemy,  he  began  sending  forward  such  as  could 
be  removed,  and,  by  his  words  of  encouragement,  induced 
hundreds  to  walk  away  themselves,  many  of  them  wounded 
in  the  upper  extremities,  some  of  them  with  wounds  in  the 
head  and  bod3\ 

On  the  15th  the  "  Herald  "  correspondent  said,  — 

"  Since  the  battle,  most  of  the  wounded  have  had  a  hard 
time.  Many  have  been  obliged  to  la}'  on  the  ground.  Nearly 
all  the  medicines  were  stolen  by  the  rebels,  and  every  bottle 
of  liquor  taken  away.  Every  case  of  surgical  instruments 
was  taken.  In  addition  to  the  depriving  of  these  invaluable 
accessions  in  taking  care  of  the  wounded,  the  only  food  fur- 
nished was  maggoty  bacon  and  musty  Hour.  I  was  told 
there  were  still  about  nine  hundred  wounded  there,  and  that 
Dr.  Swinburne,  who  was  in  charge  when  the  enemy  came  in 


30  A    TYPICAL   AMERICAN. 

possession,  had  still  the  supervision,  aided  by  a  corps  of  sur- 
geons." 

Another  correspondent  of  tlie  "  Herald,"  in  describing  tlie 
arrival  of  the  sick  and  wounded  at  Harrison's  Landing  on 
July  28,  most  of  them  being  brought  from  Savage  Station, 
where  Dr.  Swinburne  still  had  full  charge,  said, — 

"Among  those  with  whom  I  had  the  longest  conversation 
was  Dr.  Churchill  of  the  Fourteenth  New- York,  who  stated, 
that,  while  remaining  behind  to  aid  in  taking  care  of  the 
wounded  at  Gaines's  Mills,  he  was  taken  prisoner.  He  was 
sent  from  there  to  Savage  Station,  where  he  was  given,  by 
Dr.  Swinburne,  charge  of  about  five  hundred  wounded.  He 
remained  there  three  days,  when  he  was  sent  to  Richmond  in 
care  of  about  six  hundred  sick.  He  said  the  sufferings  of 
our  men  at  Savage  Station  from  want  of  medicine,  surgical 
instruments,  and  shelter,  and  the  privations  and  hardships 
undergone  b}""  the  surgeons,  have  been  too  frequently  de- 
scribed to  render  a  repetition  necessary.  They  paid  from 
fourteen  to  sixteen  dollars  apiece  for  lambs  to  make  soup  for 
the  men,  and  some  died  of  actual  starvation,  including  two 
surgeons,  notwithstanding  all  the  care  bestowed." 

The  "  New-York  Tribune,"  in  describing  the  battles  of  the 
26th  and  27th  of  June,  1862,  said,— 

"During  the  afternoon  and  night  the  ambulance  trains 
were  engaged  in  bringing  the  wounded  to  Savage  Station, 
where  extensive  arrangements  had  been  made  for  their  care 
by  Dr.  Swinburne.  Tents  and  other  arrangements  had  been 
made  for  the  accommodation  of  about  six  hundred  persons, 
and  long  before  daylight  (28th)  it  was  necessary  to  lay  the 
poor  uncomplaining  soldiers  on  hay  in  the  open  air.  They 
received  the  kindest  and  most  prompt  care  from  Dr.  Swin- 
burne, who  asked  seventy-five  hospital  tents  and  received 
sixteen,  but,  with  the  'flies,'  made  thirty-two  of  them." 

These  few  out  of  the  many  notices  of  Dr.  Swinburne's 
work  at  the  front,  from  two  representative  journals  of  each 
of  the  two  political  parties,  published  at  the  metropolis,  speak 
loudly  of  the  faithfulness  of  the  volunteer  surgeon,  and  will 
command  the  esteem  of  all.  The  adage  that  "  a  prophet  is 
not  without  praise  save  in  his  own  country,"  did  not  apply  to 
the  eminent  physician  in  the  days  when  he  was  at  the  front, 


A    IMirSONICK,    OK    WAR.  HI 

any  more  than  it  does  now.  'I'lic  press  of  hoLli  piuLics  in  the 
capital  cily,  iIk^  lioiuo  of  tln^  doctor,  w(;r(;  ajji'ocd  in  coiu- 
mendiiiu^  liis  ability  and  j)atriofisiii,  and,  on  his  release  from 
prison,  f^hidly  made  the  announcement  as  one  of  fjieat  joy, 
and  united  in  giving  liim  a  hearty  and  cheerful  greeting  on 
his  return. 

The  "  Albany  Times"  of  July  28,  18G2,  has  this  excellent 
tribute  to  Dr.  Swinburne:  — 

"  The  following  extract  from  a  private  letter  to  one  of  the 
editors  of  this  paper,  and  the  accompanying  statement  of  a 
released  chaphiin,  will  be  read  with  interest  by  Dr.  Svvin- 
bvn-ne's  numerous  friends,  and  by  our  citizens  generally,  who 
remember  that  he  became  a  voluntary  captive  rather  than 
abandon  his  sick  and  wounded,  and  wlio  are  therefore  inter- 
ested in  his  fate.  It  is  the  first  autlientic  tidings  received 
from  him  since  his  captivity. 

Patmaster-Generai/s  Office, 
Wasuinoton,  July,  24. 

I  returned  this  morninc:  from  Harrison's  Landing-  on  tlie  James  River, 
having  finished  paying  Gen.  Gorman's  brigade  for  >\Iarch  and  April. 
On  my  passage  down  tiie  James  River  yesterday  morning,  I  met  on  board 
the  boat  Cliaplain  James  INIarks  of  the  Sixty-third  Pennsylvania  Regi- 
ment, who  was  with  Dr.  Swinburne  at  Savage  Station,  and  was  taken 
prisoner,  but  since  released.  I  obtained  the  following  particulars  in 
regard  to  Ur.  Swinburne  from  him:  — 

"  Chaplain  James  ]\Iarks  of  the  Sixty-third  Pennsylvania  Regiment  re- 
mained at  Savage  Station  with  Dr.  Swinburne.  There  were  fifteen  hun- 
dred wounded  and  sick  there  from  the  battles  of  Thursday,  B'riday,  and 
Saturday,  June  26,  27,  and  28.  On  Sunday  night,  the  29th,  the  enemy 
surrounded  the  place;  but  Sumner's  division  drove  them  back,  and  they 
retired  towards  James  River.  On  IMonday  morning,  about  seven  o'clock, 
the  rebels  came  in  and  took  prisoners  all  of  the  wounded  and  sick,  and  al.-^o 
all  our  surgeons  and  nurses,  leaving  Dr.  Swinburne  in  full  charge,  as  be- 
fore. About  twenty  surgeons,  of  whom  four  or  five  were  sick,  remained 
to  assist  Dr.  Swinburne  in  taking  care  of  the  wounded  and  sick  During 
this  day,  and  on  Tuesday,  five  hundred  more  wounded  were  brought  in. 
Dr.  Swinburne's  labors  at  this  time  were  constant,  presiding  over  all 
departments,  directing  all  amputations,  and  securing  the  confidence  and 
esteem  of  all  the  surgeons  and  tlie  officers.  After  the  battle  of  Tuesday 
evening  on  Malvern  Hill,  information  was  brought  to  Dr.  Swinburne  that 
his  presence  was  immediately  demanded  in  various  hospitals  on  the  battle- 
field.    The  doctor  immediately'  left,  and,  after  going  through  various 


32  A   TYPICAL   AMERICAN. 

divisions  of  the  rebel  army,  found  his  way  to  the  hospitals  on  Nelson's 
Farm,  the  scene  of  the  battle  on  Monday  evening,  and  assisted  in  all  of 
the  amputations.  Thence  he  found  his  way  to  the  battle-field  on  Malvern 
Hill,  and  assisted  and  gave  counsel  to  the  surgeons.  lie  then  returned 
to  Savage  Station,  and  told  his  story  to  Chaplain  Marks,  who  assisted  him, 
obtaining  such  supplies  as  were  needed,  which  were  sent  in  rebel  ambu- 
lances to  the  hosi^itals.  Dr.  Swinburne  directed  the  return  of  the  chap- 
lain several  times,  passed  through  the  lines  and  divisions  of  the  rebel  army 
■without  molestation,  and  visited  the  hospitals  beyond  the  White-Oak 
Swamps,  carrying  food  and  medicines.  He  remained  in  full  charge  at 
Savage  Station  as  late  as  the  13th  iust.  Chaplain  Marks  was  sent  by 
Ur.  Swinburne,  in  charge  of  seven  hundred  wounded  men,  to  Richmond, 
on  Sunday,  the  13th  inst.  Subsequent  to  this,  he  did  not  see  the  doctor, 
but  heard  of  his  continued  health,  activity,  and  benevolence  He  speaks 
in  the  highest  terms  of  Dr.  Swinburne's  talents,  and  skill  as  a  surgeon. 
His  ear  was  ever  open  to  the  complaint  of  the  poorest  soldier,  and  he  was 
untiring  in  his  exertions  to  promote  the  welfare  of  the  sick  and  wounded. 
Among  the  rebels,  he  was  looked  ui^on  as  one  of  the  noblest  and  best  of  . 

men." 

R.  H.  KING,  JuN. 

Ou  the  28th  of  July  the  "  Times  "  said  that  the  conduct  of 
Dr.  Swinburne  was  the  theme  of  universal  praise,  and  on  the 
30th  said,  — 

"  Our  citizens  will  be  pleased  to  learn  that  by  a  telegram  re- 
ceived last  evening  by  Dr.  Vanderpoel,  Dr.  John  Swinburne, 
who  was  taken  a  prisoner  at  Savage  Station  while  attending 
to  our  sick  and  wounded,  has  arrived  at  Fortress  Monroe,  en 
route  for  this  cit}^  with  Capt.  McRoberts,  Capt.  Vanderlip, 
and  Lieut.  Becker,  all  of  the  Ellsworth  Brigade." 

On  the  2d  of  August  the  "Albany  Evening  Journal"  an- 
nounced his  arrival  in  Albany  in  these  words:  — 

"  Dr.  John  Swinburne  of  this  city,  who  has  for  several 
weeks  been  discharging  the  responsible  duties  of  medical 
superintendent  of  New- York  troops  with  so  much  devotion, 
came  home  this  morning.  All  will  recollect  that  Dr.  Swin- 
burne was  in  charge  of  the  hospital  at  Savage  Station,  nine 
miles  from  Richmond,  when  that  station  was  taken  by  the 
Rebels,  and  that  he  voluntarily  remained  in  charge.  He,  of 
course,  became  a  prisoner  of  war;  but,  under  an  arrangement 
previously  entered,  physicians  wei'C  jiermitted  to  leave  with- 
out restraint,  lie  could  therefore  have  returned  to  the 
Union  army;  but  he  preferred  to  continue  with  our  sick  and 


A    TRISONER   OF    WAR.  88 

woiDuled,  who,  moro  tlian  ever,  required  liis  siii)orvisinp  care. 
It  is  proper  to  add  tliat  tluiy  are  now  all,  or  lUiai'Iy  all,  away. 
We  have  spoken  repeatedly  of  the  humanity,  skill,  and  brave- 
ry evineed  by  Di'.  Swinburne  in  the  performance  of  the 
service  assif^ned  him,  —  so  honorable  to  his  profession  and 
the  man.  His  opportunities  and  experiences  have  been  of 
the  nu)st  varied  character.  He  will  be  warmly  welcomed 
back  by  onr  citizens." 

A  few  days  after  his  arrival  home  on  sick  leave,  having 
been  greatly  reduced  physically  l)ecause  of  his  incessant 
labors  and  the  hardships  endured  while  a  prisoner  of  war,  he 
received  the  following  official  letter :  — 

State  of  Nkw  York.  Surgkox-Oeneuai/s  Office, 
Albany,  Au-;.  5,  1862. 

Sir,  —  I  am  requested  by  his  Excellency  Gov.  Morgan  to 
express  his  high  appreciation  of  the  services  rendered  by  you 
while  serving  with  the  Army  of  the  Potomac  as  medical 
superintendent  of  the  forces  from  this  State,  and  acting  as- 
sistant surgeon  of  the  United-States  Army,  and  to  return  you 
thanks  for  the  same. 

An  expression  thus  officially  made  is  not  intended  as  in- 
vidious to  the  noble  corps  of  volunteer  surgeons  who  so 
promptly  and  faithfully  gave  their  time,  their  energies,  their 
professional  abilities,  and  in  some  instances  their  lives,  to 
ameliorate  the  sufferings  of  the  wounded ;  but  that  the  posi- 
tion in  which  yon  were  placed  by  the  authorities  of  the 
State,  the  peculiar  circumstances  which  resulted  therefrom, 
and  the  manner  in  which  you  conducted  yourself,  both  pro- 
fessionally and  as  the  representative,  for  the  time,  of  your 
government,  call  for,  as  it  is  most  cheerfully  bestowed,  the 
commendations  and  approval  not  only  of  the  constituted 
authorities,  but  of  a  whole  communit}',  who  have  watched 
with  vivid  interest  the  responsibilities,  privations,  and  labors 
to  which  vou  were  subjected. 

As  the  head  of  the  State  Medical  Bureau,  I  cannot  forego 
the  opportunity  of  thanking  you  for  the  bright  example  your 
labors  have  furnished  of  conservative  surgery  upon  the  field 
of  battle. 

Had  you  merely,  in  the  performance  of  jouv  labors,  done  all 
which  humanit}-  demands,  you  would  have  merited  the  com- 
pliment proffered,  but  to  that  you  have  added  the  exercise 
of  high  professional  skill.  When  in  a  hospital  of  two  thou- 
sand sick  and  wounded  you  amputated  less  than  half  a  dozen 
limbs,  but  strove,  rather,  to  save  by  exsection,  you  illustrated 


34:  A   TYPICAL   AMERICAN. 

and  carried  out  the  views  of  the  most  intelligent  of  the  pro- 
fession. 

Wishing  you,  in  your  safe  return  to  your  family  and  friends, 
the  enjoyment  of  a  well-merited  confidence, 

J  am,  with  respect,  your  obedient  servant, 

S.  OAKLEY  VANDERPOEL, 

Surgeon-  General. 

JOHX    SwiNBDRNE,    M.D. 

Within  the  rebel  lines  Dr.  Swinburne  maintained  the 
same  deportment  as  within  our  lines,  and  treated  the  rebel 
officials,  in  his  intercourse  with  them,  with  the  same  polite- 
ness as  he  did  his  own,  refusing  on  all  occasions  to  enter 
into  any  discussion  on  political  or  other  questions  that  might 
engender  any  feeling  that  would  work  to  the  injury  of  those 
under  his  care,  and  was  at  times  austere  in  enforcing  the  same 
course  in  those  under  him.  On  one  occasion,  in  passing 
through  one  of  the  hospitals,  he  overheard  one  of  the  nurses 
discussing  the  situation  with  a  rebel  captain,  the  nurse  ex- 
pressing sentiments  such  as  a  loyal  soldier  ought  never  to 
utter.  The  doctor  stopped,  and,  turning  to  the  nurse,  said, 
"  You  are  not  here  as  a  diplomat,  to  discuss  questions  you 
know  nothing  about ;  neither  are  you  a  general  with  any 
military  kiiowledge ;  and,  as  for  your  ability  to  talk  politics, 
you  never  had  any.  You  are  a  nurse  here,  and  to  that  busi- 
ness you  are  to  attend  strictly,  or  I  will  send  you  to  your 
friends  in  Richmond,  with  whom  you  seem  to  sympathize." 

Among  the  rebel  authorities  he  won  the  utmost  esteem, 
and  paid  the  same  attention  to  their  wounded  as  he  did  to 
our  own.  He  had  many  of  tiie  rebel  sick  to  look  after, 
among  them  Col.  Lamar  of  Georgia.  Standing  in  front  of 
the  hospital  one  day.  Gens.  Orr  and  Jameson,  and  a  number 
of  other  rebel  officers,  came  up,  and,  saluting  him,  entered  into 
conversation,  the  discussion  turning  on  the  war  and  prob- 
able results.  After  they  were  through,  the  doctor  answered, 
"  Gentlemen,  I  am  here  to  take  care  of  the  unfortunate,  not 
to  discuss  these  questions.  I  came  here  because  the  North  is 
right,  and  you  are  wrong.  I  know  your  movement  is  wicked, 
although  many  of  you  may  be  misled.  You  will  have  to 
yield,  and  it  is  only  a  question  of  time.     For  your  sake  and 


A   PRISONER   OF   WAR.  3o 

ours,  the  North  will  never  let  yon  succeed,  if  it  should  take 
twenty  years  to  conquer  you.  Now,  I  am  a  volunteer  prisoner, 
holding  the  order  of  Gen.  Jackson  to  command  of  you  safe 
protection  into  our  lines  whenever  I  desire  to  go;  and  I  have 
but  onere(picst  to  make  of  you,  —  as  gentlemen,  that  you  will 
not  introduce  this  subject  again,  and  that  you  will  use  your 
interests  to  have  our  wounded  sent  into  our  lines  as  rapidly 
as  they  become  fit  to  travel.  My  views  cannot  be  changed, 
and  I  do  not  think  yours  can  be  until  you  are  thoroughly 
flogged."  From  that  time  out,  he  had  a  warm  friend  in  Gen. 
Orr,  who  had  learned  to  honor  the  brave  man  in  what  he 
had  only  known  before  as  a  skilful  surgeon. 

This  feeling  of  Gen.  Orr  was  demonstrated  afterwards, 
when  want  and  necessity  were  killing  the  disabled  much 
more  rapidly  than  their  wounds.  In  the  hospital  as  a  nurse 
was  a  Rev.  Mr.  R.,  who  had  formerly  lived  in  Richmond. 
He  insisted  on  going  to  that  city,  and  placing  the  situation 
before  the  authoiities,  alleging  he  knew  the  people,  and  knew 
he  could  induce  them  to  alleviate  matters.  The  doctor  en- 
deavored to  dissuade  him,  assuring  him  they  would  surely 
arrest  and  hang  him  as  a  spy.  He,  however,  was  obdurate, 
and  persisted  in  going.  After  his  departure,  Gen.  Orr  rode 
up:  the  doctor  detailed  the  circumstance  to  him,  and  asked 
the  general  to  ride  into  Richmond  and  save  the  poor ,  say- 
ing he  was  only  a  harmless  fanatic,  and  did  not  know  enough 
to  be  a  spy.  The  general  did  so,  and,  on  returning,  assured 
the  doctor  they  had  arrested  the  preacher,  and  were  about  to 
hang  him  when  he  (the  general)  arrived ;  that  he  told  the 
authorities  the  doctor's  story,  and  the  fellow's  life  was  saved. 

Before  the  capture  of  Savage  Station,  and  when  the  hos- 
pitals were  being  shelled,  the  doctor  sallied  out  with  a  Hag 
of  truce.  For  this  he  was  summoned  before  Gen.  Sumner, 
who  denounced  the  act  as  in  violation  of  military  discipline, 
and  said  that  the  surgeon  had  no  right  to  presume  to  go 
out  with  the  flag  without  first  receiving  orders  to  do  so,  add- 
ing, "I  shall  have  you  cashiered."  —  "All  right,  general," 
said  the  doctor,  "  you  can  have  me  cashiered  now,  if  j'ou 
want  to.     I  don't  know  any  thing  about  military  law,  but  I 


36  A   TYPICAL   AMERICAN. 

know  enough  to  take  care  of  my  rights.  You  may  kill  me,  just 
what  the  rebels  were  going  to  do,  and  that  is  all  there  is 
about  it.  I  was  looking  out  for  my  rights,  as  you  will  pretty 
soon  for  yours."     He  was  not  cashiered. 

There  was  not  a  military  officer  around  Savage  Station 
who  was  not  always  ready  to  afford  the  doctor  all  the  pro- 
tection and  assistance  within  his  power;  and  when  he 
applied  to  Gen.  Stonewall  Jackson  for  a  pass  to  visit  the 
various  hospitals  in  the  vicinity  where  our  men  were  con- 
fined, the  general,  in  granting  him  the  pass  to  go  wherever  he 
pleased,  in  a  very  complimentary  note  referred  to  the  doctor's 
skill  and  humanity,  and  informed  him  that  he  was  not  to  be 
considered  a  prisoner  of  war,  and  that  the  pass  would  carry 
him  safely  through  the  lines,  and  into  his  own,  whenever  he 
desired  to  go. 

The  doctor  himself,  in  reporting  from  Savage  Station  to 
our  government,  at  a  time  when  feeling  was  the  most  intense 
and  bitter,  with  reference  to  the  treatment  of  the  sick  and 
wounded  under  his  care,  said, — 

"I  feel  assured  that  all  the  deficiencies  and  difficulties 
which  we  experienced  were  not  the  fault  of  Gen  Lee,  his 
officers,  or  his  medical  staff,  since  all  the  generals  and  medical 
officers  with  whom  we  were  brought  in  contact  weie  unusu- 
ally attentive  to  the  necessities  ot  the  wounded  and  sick. 
But  tliat  there  was  a  fault  somewhere,  there  is  no  question  ; 
and  that  fault  I  attribute  to  the  inhumanity  of  the  authorities 
at  Richmond,  which  has  been  fatal  to  many  of  our  wounded 
soldiers." 

His  eminent  skill  and  acknowledged  ability  made  his 
services  sought  in  every  hospital  in  that  section.  On  the 
morning  of  July  12,  while  passing  Gen.  McGruder's  head- 
quarters, he  was  handed  a  letter  directed  to  the  general  from 
Assistant  Surgeon  C.S.A.,  C.  B.  White,  and  dated  Malvern 
Hill,  in  which  the  writer  said  he  had  several  cases  which 
needed  capital  operations.  He  added,  "  If  Dr.  Swinburne 
can  come  (I  hear  he  is  in  the  vicinity),  I  would  like  it." 
The  doctor  responded,  and  going  to  Malvern  Hill,  with  Di-s. 
White,  Chamberlain,  and  Jewett,  performed  all  the  opera- 
tions. 


A    IMIISONICII    OK    WAU,  37 

During  his  tei'm  in  R(3l)ol(l()m,  tlic  volnnteer  surgeon's 
career  Was  marked  by  many  incidents  of  daring.  On  one 
occasion  his  services  were  in  demand  at  iMalvern  Hill,  whith- 
er he  repaired.  On  his  arrival  there,  he  found  the  men  were 
suffering  for  provisions.  Without  awaiting  to  send  for  these, 
he  commenced  a  foraging  expedition,  and  in  the  upper  por- 
tion of  a  deserted  house  near  by  he  found  a  hirge  quantity 
of  beans.  Without  waiting  for  any  orders,  or  asking  per- 
mission, he  confiscated  the  "  Yankee  favorite  berry  ;  "  and 
in  four  liours  the  six  luindred  men  were  all  at  work  regal- 
ing themselves  on  bean-soup.  On  the  completion  of  his 
work  at  this  hospital,  he  started  back  for  Savage  Station 
on  foot  about  sundown,  walking  a  distance  of  twelve  miles 
without  a  guide,  passing  through  the  rebel  lines  several 
times  without  molestation,  and  arriving  safely,  —  a  feat  to 
others  seemingly  impossible,  and  demonstrating  that  some 
unseen  protector  was  alwa3's  with  the  surgeon. 

Perhaps  the  only  laughable  part  of  the  doctor's  military 
career  was  during  one  of  his  trips  back  to  Albany,  when  he 
boarded  the  steamer  at  New  York,  penniless  and  ragged,  to 
beat  his  way  to  Albany.  With  an  old  slouched  hat ;  boots 
out  at  the  toes,  and  run  over  at  the  heels  ;  pants  of  the  latest 
cut  (as  the}^  were  all  cut  to  pieces)  ;  and  an  old  blanket 
thrown  over  his  shoulders, — this  was  the  ludicrous  condi- 
tion he  was  in  when  recognized  by  a  member  of  a  Broadway 
firm  as  he  lay  stretched  on  the  deck,  and  fast  asleep.  The 
regular  surgeon  of  the  army  had  pay  and  stores  to  draw 
from  to  prevent  such  a  condition  ;  but  the  faithful  volunteer 
was  without  resources,  and  yet  returned  again  to  the  front 
to  undergo  the  same  hardships. 


CHAPTER   IV. 

FIGHTING   FOR   THE    WOUNDED. 

Bold  "Words  to  the  Rebels.  —  Defects  in  the  Medical  Department.  —  Contro- 
versy with  the  Sanitary  Coinmission.  —  Strange  Anomaly.  —  Observations 
on  Surgery.  —  A  Brave  Colonel  killed  by  Malpractice.  —  Red  Tape  in  the 
Army.  —  A  Fearless  Man. 

The  treatment  our  sick  and  wounded  were  receiving  was 
an  all-ab.sorbing  thought  with  this  unselfish  physician,  and 
incited  liira  to  make  every  effort  for  their  relief.  Under  this 
feeling,  he  attacked  the  very  highest  in  authority  in  the  Con- 
federacy, always  using  polite  but  plain  Anglo-Saxon  English, 
that  could  not  be  misunderstood,  and  appealed  to  all  the 
better  feelings  of  manhood.  To  the  Confederate  Gen.  Winder 
he  wrote  from  Savage  Station,  July  24,  1862,  — 

''  Now,  if  you  judge  this  the  kind  of  food  furnished  your 
sick  and  wounded  prisoners  North,  or  as  in  accordance  with 
the  usages  of  war  among  civilized  nations,  you  are  mistaken. 
I  have  had  to  buy  fresh  meat  for  soups,  and  bread  to  supply 
the  deficiency,  since  we  have  no  means  of  cooking  flour  suit- 
able to  the  sick.  Now,  I  submit  that  flour  and  poor  bacon 
are  entirely  unfit  for  the  sick  and  wounded,  since  many  have 
died  from  sheer  exhaustion  or  starvation  ;  and  many  more 
will  die  unless  better  fed.  Many  of  those  taken  to  Rich- 
mond, and  detained  so  long  in  the  depot  without  proper 
attention,  have  also  died.  Now,  sir,  all  1  ask  is  to  have  the 
sick  and  wounded  who  have  become  the  recipients  of  my 
care  receive  tiie  attention  due  them  as  prisoners  of  war, 
agreeably  to  the  usages  of  civilized  people ;  and  that  the 
surgeons  to  whose  care  they  are  intrusted  be  treated,  not  as 
felons,  but  in  accoidanee  with  the  precedents  which  have 
been  established,  and  which  you  publish  in  all  your  papers, 
as  the  laws  of  the  land.  If  we  cannot  be  fed  in  accordance 
with  the  common  usiiges  of  war,  —  in  other  words,  if  you 
have  not  the  material  Avith  which  to  feed  us,  so  as  to  keep  us 
from  starvation, —  I  feel  assured  that  your  elevated  sense  of 


FIGHTING   FOR   THE   WOUNDED.  39 

hiimanity  will  assist  us  to  ro/.u-\\  our  own  lines,  wliore  we 
can  l)(i  ii,tt(!U(l(!(l  to.  I  liav(!  seen  ami  attcuidcd  your  sick  aii<l 
wounded  at  Now  York,  Pliilad(;l[)liia,  Fortress  Monroe,  and 
in  this  hospital,  and  have  never  seen'  any  distiuetion  niarle 
between  thoni  and  our  men.  Now,  with  the  insufficient 
nourishment  supplied  us,  our  funds  failing,  what  are  we  to 
do?  I  leave  the  answer  to  your  impulses  of  humanity,  and 
ask  you,  in  the  name  of  the  common  obligations  due  fr(un 
man  to  man,  that  you  interpose  your  dictum,  and  change  the 
status  of  our  condition."' 

And  to  S.  (ruild,  M.O.,  surgeon  and  medical  director 
department  of  Northern  Virginia,  he  wrote, — 

"Sir, — I  regret  exceedingly  to  again  trouble  you,  but, 
under  the  circumstances,  I  must  call  your  attention  to  a  fact 
which  I  have  before  stated  to  you,  that  some  of  our  sur- 
geons are  sick.  One  of  ihem  breathed  his  last  yesterday 
afternoon.  Some  otliers  are  still  sick,  and  all  are  more  or 
less  ujiwell.  Lieut.  Johnson,  the  commandant  of  this  place, 
is  now  very  sick,  as  is  also  several  of  his  men.  Lieut.  Lacey 
Stewart  has  recovered,  and  has  gone  to  Richmond  to-day  to 
procure  rations  for  the  patients.  I  feel  as  if  1  could  not 
resist  much  longer  the  combined  influences  of  this  pus-gener- 
ating place  and  the  insufficiency  of  flour  and  bacon  as  food. 
It  is  not,  howevei',  for  myself  that  I  am  so  anxious.  I  have 
in  my  keeping  many  valuable  lives,  and  I  feel  that  every 
exertion  on  my  jtart  is  due  to  them,  to  the  end  that  they 
may  be  spared  to  their  families. 

'■'■  In  view  of  these  facts,  I  have  purchased  two  sheep  daily 
from  my  own  funds,  and  have  converted  them  into  soup  for 
the  patients,  hoping  that  it  might  contribute  somewhat  to 
their  physical  force  during  this  trying  ordeal.  I  trust,  there- 
fore, you  will  continue  to  exert  your  benign  influence  in  be- 
half of  suffering  nature,  so  long  as  our  necessities  remain  in 
the  present  status,  or  until  we  can  all  be  removed  to  our 
own  homes.  I  have  to  thank  you  for  many  kind  attentions 
which  I  can  never  repay,  or  which,  at  least,  I  never  expect 
to  repay  in  the  same  way.  So,  also.  Gen.  Lee's  attentions 
have  surprised  me,  since  he  is  burdened  with  a  thousand 
cares  incident  to  a  life  like  his.  I  can  only  attril)ute  it  to 
his  sympathy  with  those  in  distress,  whether  friend  or  foe. 
Now,  sir,  will  it  be  possible  for  me,  or  some  one  of  us,  to  go 
with  these  sick  surgeons,  who  aie  delicate,  and  place  them 
on  board  our  transports,  and  to  superintend  the  removal  of 
sick  and  wounded  ?     I  hope  you  will  excuse  this   constant 


40  A  TYPICAL  AMERICAN. 

interruption  in  affairs,  since  my  whole  heart  is  set  on  getting 
proper  food  for  the  sick  and  wounded.  For  myself,  it  mat- 
ters little,  but  please  don't  allow  us  to  remain  in  Richmond 
over  night." 

To  all  his  communications  to  those  in  authority  in  the  mil- 
itary or  medical  departments  of  the  Confederacy  in  the  field, 
he  received  the  most  courteous  replies,  in  which,  while  those 
addressed  regretted  their  inability  to  grant  the  relief  he 
sought,  they  assured  him  of  their  symputh}^,  and  the  exercise 
of  their  influence  in  securing  such  relief  from  the  govern- 
ment at  Richmond  as  was  possible. 

While  in  active  service  in  the  army  at  the  front,  Dr.  Swin- 
burne saw  many  glaring  defects  in  the  management  of  the 
medical  department  which  might  be  remedied,  and  thus  tend 
greatly  to  the  comfort  of  the  sick  and  wounded.  In  the  in- 
terest of  the  soldiers  and  humanity,  he  conceived  many  plans 
that  would  add  to  the  comfort  of  the  sick,  and  tend  to  the 
preservation  of  many  valuable  lives,  — a  subject  in  which  his 
thoughts  seemed  to  be  absolutely  absorbed.  On  his  arrival 
home  from  prison,  he  placed  these  views,  with  a  statement  of 
the  facts  as  he  found  them,  with  his  deductions  from  these 
observations  and  the  results  to  which  his  experience  enabled 
him  to  arrive,  before  the  New- York  Sl>ate  Medical  Society. 
This  body  of  scientific  men,  after  fully  discussing  the  matter, 
and  hearing  his  recommendations,  gave  them  their  hearty 
indorsement,  and  appointed  Drs.  Swinburne  and  S.  D.  Wil- 
lard  a  committee  from  that  society,  to  confer  with  the  gov- 
ernor, and  to  secure,  if  possible,  an  appropriation  to  carry  out 
the  design  of  obtaining  more  ample  means  for  the  relief  of 
the  sick  and  wounded  New-York  troops.  Gov.  Seymour,  who 
then  occupied  the  executive  chair,  feeling  as  he  did  a  deep 
interest  in  tlie  troops  at  the  front,  and  knowing  the  eminent 
skill  of  the  committee,  gave  them  frequent  and  early  hear- 
ings ;  and,  as  a  result,  a  bill  was  draughted  appropriating  two 
hundred  thousand  dollars  to  carry  out  the  views  suggested 
bj  the  volunteer  surgeon. 

As  soon  as  it  became  known  among  a  certain  element,  who 
professed  to  be  especially  working  for  the  wounded  soldier, 


fk; I iTiNG  KOii  'i'in<:  vvoundrd.  41 

tliut  such  a  bill  had  been  drauj^^hted,  and  Uic  objects  for  whicli 
it  was  intended,  there  broke  out  a  sJtrong  opposition  in  the 
ranks  of  a  selfish  volunteer  organization,  whose  desire  to 
gain  notoriety  exceeded  their  love  for  the  soldier.  This  spirit 
of  jealousy  might  have  been  expected,  to  a  certain  degree, 
from  the  regular  medical  department  of  the  army,  because  of 
their  training,  and  the  assumption  that  in  war  every  thing 
connected  witii  the  regular  army  was  perfection,  and,  the 
greatest  of  all,  that  whatever  they  did  was  right,  and  that  in- 
terference with  their  assumed  superiority  was  to  be  regarded 
as  an  innovation  not  to  be  tolerated.  But  it  was  not  from 
this  source  the  opposition  came,  but  rather  from  the  execu- 
tive committee  of  the  United-States  Sanitary  Commission, — 
a  volunteer  organization  supposed  to  enjoy  only  the  same 
privileges  accorded  to  other  volunteer  organizations,  or  socie- 
ties of  individuals,  presumed  to  be  working  on  the  same 
humanitarian  impulses. 

In  their  opposition,  this  executive  committee  pathetically 
invoked  the  aid  of  the  then  surgeon-general  of  the  State, 
Dr.  Quackenbush,  to  defeat  the  measure,  alleging  that  "  the 
National  Government  is  the  national  soldier's  best  friend," 
and  "that  whatever  has  hitherto  been  effectually  done  to  ben- 
efit the  cause  of  the  sick  and  wounded  soldier,  has  been  done 
hy  increasing  the  force,  irapi'oving  the  regulations,  elevating 
the  rank,  or  selecting  more  efficient  presiding  officers  of  the 
United-States  Medical  Department." 

This  executive  committee  of  a  society  claiming  to  be  com- 
posed of  volunteers  who  desired  to  help  the  government,  and 
benefit  the  wounded  soldier,  and  who  were  still  anxious  to 
obtain  broader  fields  and  an  exclusive  monopoly,  made  the 
strange  and  irreconcilable  assertion  in  opposition  to  the  bill, 
"  that  already  the  great  beneficent  general  system  of  the  gov- 
ernment in  its  medical  department  has  been  constantly  embar- 
rassed by  the  well-meant  efforts  of  benevolent  associations, 
either  representing  States  or  communities,  who  have  insisted 
in  pursuing  their  humane  work."  They  further  advanced 
the  absurd  proposition,  "  that  the  National  Government  is 
making  provision  at  this  very  moment  to  do  for  the  New-York 


42    ,  A   TYPICAL   AMERICAN. 

troops,  and  every  other  soldier,  precisely  what  the  bill  pro- 
posed, but  could  not  do  so  if  the  bill  were  passed."'  The 
appeal  to  the  surgeon-general,  in  closing,  exposed  the  motives 
underlying  the  opposition,  —  that  of  jealousy,  lest  the  States, 
in  assuming  to  do  their  duty  to  their  sick  troops,  might  find 
a  more  certain  and  efficient  channel  than  through  the  sani- 
tary commission.  The3"  stated  that  ''  it  [the  commission] 
collects  money  on  the  largest  scale  ever  known  to  volunteer 
benevolence,  and  gathers  supplies  in  an  equal  scale  of  vast- 
ness." 

The  reply  of  the  committee,  Drs.  Swinburne  and  Willard, 
was  prompt,  cutting,  and  to  the  point.  It  said,  among  other 
things,  — 

"  The  State  clings  to  her  citizen  soldiers  in  the  army.  Her 
care  for  them  is  not  lessened  by  their  absence  over  the  State 
line,  and  it  is  right  it  should  not  be.  If  committees  from  the 
cit}^  common  councils  and  the  village  board  of  trustees  visit 
them,  and  give  them  courage  and  hope,  and  help  and  good 
cheer;  if  the  State  sends  committees  to  attend  to  their  allot- 
ments ;  if  the  Legislature  provides  that  they  may  vote  ;  and 
if  the  State  looks  well  to  their  pay,  and  secures  it  or  advances 
it  early,  —  if  all  these  acts  of  kindness  and  care  are  mani- 
fested for  the  well  soldier,  how  eminently  proper  and  just, 
nay,  how  much  more  it  is  demanded  by  every  consideration 
of  humanity  and  good  faith,  that  the  thousands  of  feeble, 
maimed,  and  dying  should  be  cared  for,  or  at  least  inquired 
after,  and  their  misfortunes  alleviated  in  as  kind  and  affec- 
tionate a  manner  as  possible !  And  yet,  when  this  latter 
course  is  suggested  by  the  benevolent  and  philanthropic  of  the 
State,  whose  means  of  information  as  to  the  actual  necessities 
are  unquestioned  ;  when  a  measure  of  relief  is  initiated,  —  the 
executive  committee  of  the  sanitary  commission,  under  whose 
administration  these  neglects  occur,  as  was  admitted  by  their 
own  confessions  in  leaving  every  thing  they  had  to  be  de- 
stroyed, or  fall  into  the  hands  of  the  enemy  at  Gettysburg, 
proclaim  that  "voluntary  associations.  State  societies,  and 
local  committees  have  constantly  embarrassed  the  medical 
department  of  the  government." 

To  this  strange  anomal}'  of  the  sanitary  commission,  the 
committee  from  the  New- York  Medical  Society  very  pertly 
replied,  — 


KICflTINd    FOR   TIIK    WOUNDKD.  48 

"  If  tills  he  (rue,  well  iiiay  the  i)ef)i)le  of  this  State  siisj)eii(l 
efforts,  and  hy  so  doing  send  comfort  and  joy  to  the  soldiers, 
the  sanitary  commission,  and  the  medical  department  of  the 
Army." 

To  the  cynical  opposition  of  the  commission,  the  committee 
make  this  cutting  satire:  — 

"After  the  seven-days'  battles  l)efore  Richmond,  not  a 
single  agent  of  the  sanitary  commission  remained  to  cure  for 
the  sick  and  wounded,  and  not  one  of  them  was  taken  pris- 
oner. Their  hospital  supplies,  deserted  by  their  agents,  were 
destroyed.  The  agents  left  at  that  time  some  live  thousand 
sick  and  wounded  to  be  cared  for  by  the  charities  of  the 
eneni}',  who  had  nothing  to  supply  their  wants." 

This  was  a  stinging  rebuke,  coming  from  a  man  like  Dr. 
Swinburne,  who  had  no  honor  to  gain,  and  yet  remained  true 
to  his  mission,  and  was  himself,  while  at  his  post  of  duty, 
taken  a  prisoner.  There  were  no  members  of  the  sanitary 
commission  taken  prisoners  at  Savage  Station,  but  there  were 
several  volunteers:  among  them,  P'elix  R.  Brunot  of  Pitts- 
burgh, Penn.,  since  an  Indian  peace  commissioner  under  Presi- 
dent Grant,  with  twenty-foiir  nurses  fiom  that  city ;  the  Rev. 
Mr.  Marks  of  Pennsylvania ;  the  Rev.  Mr.  Reed  of  Washing- 
ton, D.C. ;  and  a  Mr.  Howell  of  Chicago,  and  several  surgeons. 
Two  of  the  latter,  Drs.  Milnor  and  Sutton,  exhausted  from 
their  labors  among  the  sick  and  wounded  at  that  station, 
finally  perished  from  starvation  in  the  hands  of  the  enemy. 

The  protest  against  the  passage  of  the  bill  was  made  on 
March  11, 1864 ;  and  on  the  30th,  Gov.  Seymour,  in  a  commu- 
nication to  the  Senate,  recommended  that  an  ample  api)ro- 
priation  be  made  by  the  State  for  its  sick  and  wounded  troops. 
On  April  24  the  bill  was  unanimously  passed  by  the  Senate, 
and  sent  to  the  Assembl}'^  on  the  same  day,  and  there  passed 
without  a  dissenting  voice,  and  before  the  sun  went  down 
was  signed  by  the  governor. 

During  the  controversy  over  the  passage  of  this  bill, 
Surgeon-Gen.  Hammond  used  his  official  position  in  an 
attempt  to  frustrate  the  measure,  and  wrote  to  J.  V.  P. 
Quackenbush,  M.D.,  surgeon-general  of  New  York,  — 


44  A   TYPICAL   AMERICAN. 

Suroeon-CJenkrai/s  Office, 
Wasuington,  D.C,  March  2,  1863. 

Sir,  —  I  have  the  honor  to  acknowledge  the  receipt  of 
your  communieatifin  of  the  2r)th  ult.,  enclosing  the  copy  of  a 
bill  proposed  to  be  eiiacted  by  the  Legislature  of  the  State 
of  New  York,  and  asking  my  views  upon  the  same. 

I  have  read  the  bill  very  carefully,  and,  whilst  admitting 
the  correctness  of  tlie  motive  by  which  its  framers  have  been 
actuated,  J  am  satisfied,  from  much  experience,  that  its  chief 
effects  will  be  to  create  trouble  and  confusion,  to  cause  ill 
feeling  between  the  representatives  of  the  United  States  and 
the  State,  and  to  injure  those  whom  it  is  intended  to  benefit. 
I  am  satisfied  that  no  military  commander  who  has  the  good 
of  the  troops  at  heart  would  allow  any  agent  of  any  State 
to  interfere  in  the  manner  proposed  in  this  bill.  It  would 
be  found  in  piactice  wholly  inoperative,  and  lead  to  the 
results  indicated  above,  without  any  corresponding  advan- 
tages being  received.  Doubtless  there  are  deficiencies  in  the 
medical  administration  of  the  army,  as  there  are  in  all  other 
departments.  Perfection  is  impossible  of  attainment ;  but  if 
I,  with  all  my  efforts,  with  the  assistance  of  medical  inspect- 
ors, medical  directors,  and  over  five  thousand  surgeons  and 
assistant  surgeons,  together  with  the  support  of  command- 
ing officers,  and  all  branches  of  the  Federal  Government, 
and  the  control  of  over  ten  millions  (dollars,  doubtless) 
per  annum,  cannot  reach  it,  I  am  certain  the  agents  of  the 
State  of  New  York  will  not  be  able  to  do  better.  I  therefore 
hope  you  will  use  your  effoits  to  defeat  this  bill. 

I  am  not  alone  in  my  opinion  in  regard  to  it ;  as  all  to 
whom  I  have  mentioned  it,  including  several  officers  of  rank, 
agree  with  me  that  its  passage  would  be  most  unwise. 

I  hope  you  Avill  excuse  me  for  the  freedom  with  which  I 
have  written. 

I  am,  sir,  very  respectfull}^  your  obedient  servant, 

WILLIAM  A.  HAMMOND, 

Surgeon-Oeneral. 

J.  V.  P.   QUACKENBUSII, 

Surgeon- General  of  New  YorTi^  Albanj',  N.Y. 

The  criticism,  severe  as  it  was,  on  the  conduct  of  those 
who  deserted  the  helpless  brave  in  those  trying  days,  had  its 
effect,  and  was  justifiable  in  Dr.  Swinburne,  as  he,  having 
remained  and  become  a  prisoner,  had  clearly  won  the  right 
to  condemn  the  cowardice  of  those  who,  acting  on  the  motto 


KI<;HTFNC)    KOIi    Till-;    WOUNDED.  45 

tliat  "  self-pvesorvMtion  was  thn  first  law  of  iialiirc,'"  l(;rt  the 
twcslve  hiindicMl  brave  nuMi  at  Sava<,'e  Stiition. 

Ill  tlic,  'rraiisactioiis  of  the  New-York  State  Medical  Soci- 
ety, siihinitted  to  tlie  Le,L,Mshitiir(;  in  1803,  is  a  full  report  from 
Dr.  Swiiibiinie  diiriii<^  his  iinprisonrneiit,  with  the  corninuni- 
cations  tliat  passed  between  himself  and  the  Confederate 
authorities  with  reference  to  the  exchange;  of  prisoners,  and 
his  efforts  for  their  comfort,  as  well  as  some  severe  strictures 
on  the  management  of  the  medical  department  of  the  army. 
It  also  contains  some  able  articles  on  resection  of  joints, 
and  conservative  surgery,  on  amputation  when  necessary,  and 
the  treatment  of  gunshot  wounds. 

His  observations  at  the  front  confirmed  the  opinion,  pre- 
viously entertained,  that  there  were  by  far  too  many  amputa- 
tions performed  in  the  treiitinent  of  those  wounded  in  battle  ; 
and  that  by  the  introduction  of  conservative  surgery,  if  prac- 
tised throughout  the  army,  two  gi'eat  ends  would  be  secured, 
—  the  saving  to  the  government  of  large  amounts  of  money ; 
and,  what  was  of  pre-eminently  greater  moment,  the  saving 
to  the  wounded  of  their  limbs,  and  thus  preserving  them  as 
their  Maker  would  have  them,  and  not  having  them  crippled 
for  life.  He  believed,  if  one  limb  was  saved  to  a  man  who 
would  live  ten  years,  the  government  would  be  benefited  to 
the  amount  of  -12,050  ;  and  that  if  one  surgeon  would  save, 
during  a  great  battle,  ten  limbs  from  mutilation,  he  would  save 
to  the  government,  on  the  basis  of  ten  years  as  the  media  of 
life  after  wounding,  $20,500.  While  this  was  a  pecuniary 
consideration,  he  felt  more  keenl}-,  from  humanitarian  princi- 
ples, a  stronger  desire  to  see  the  principles  of  conservation 
practised,  feeling,  that,  if  he  could  accomplish  this,  a  great 
blessing  would  be  achieved,  and  that  he  had  been  instru- 
mental in  doing  some  good  to  his  fellow-beings.  In  this  his 
ambition  has  been  in  a  large  degree  gratified  in  seeing  this 
system  very  largel}'  adopted,  both  in  military  and  private 
practice,  although  he  was  strongly  opposed  at  the  outset  by 
many  leading  surgeons  who  have  since  acquiesced  in  the 
humane  practice. 

That  he  was  eminently  successful,  has  been  demonstrated 


46     .  A   TYPICAL   AMERICAN. 

by  the  strongest  arguments,  —  results.  To  show  the  wis- 
dom of  conservation,  and  the  brutality  or  ignorance  of  the 
old  system,  a  few  cases  are  cited  from  this  State.  Lieut. 
Felix  Angus  of  Duryea's  Zouaves,  while  making  a  charge  at 
Gaines's  Mills,  was  wounded  in  the  right  shoulder  by  a  minie- 
ball.  Several  surgeons  insisted  on  an  amputation  ;  but  he 
objected,  saying  he  would  rather  die  than  lose  his  arm.  Dr. 
Swinburne  performed  an  operation  of  excision  rather  than 
amputation,  and  "four  weeks  later,  I  was  in  New  York, 
riding  in  Central  Park,  and  enjoying  life  as  well  as  ever,"  he 
afterwards  wrote  to  Dr.  Swinburne.  He  also  wrote  to  the 
doctor,  "  I  consider  myself  under  a  lasting  debt  of  gratitude 
to  you  for  the  benefit  you  have  done  me ;  for  you  saved  my 
arm,  if  not  my  life.  As  it  was,  you  remember  you  took  out 
my  right-shoulder  joint,  and  during  the  operation  I  felt  no 
pain  whatever."  He  afterwards  raised  and  commanded  Com- 
pany I,  One  Hundred  and  Sixty -fifth  New-York  (Duryea's 
second)  Regiment.  Dr.  Julius  A.  Skilton,  who  was  present  at 
the  operation,  and  afterwards  dressed  the  shoulder  at  White- 
Oak  Swamps,  in  writing  to  Dr.  Swinburne,  said,  "  I  am  sure  it 
would  have  done  you  good  to  see  the  satisfaction  with  which 
he  expresses  his  giatitude  for  the  preservation  of  his  limb, 
and  the  manner  in  which  he  handles  his  sword  with  it  now." 
Lieut.  Henry  A.  Wynkoop  of  Rochester  was  so  severely 
wounded  as  to  require  the  removal  of  the  head  and  three 
inches  of  the  shaft  of  the  humerus ;  and  still,  at  the  end  of 
four  weeks,  he  had  so  far  recovered  the  use  of  the  arm  as 
to  be  serviceable,  and  to  give  a  tolerably  warm  shake  of  the 
liand.  Less  than  a  year  afterwards  he  wrote  to  Dr.  Swin- 
burne from  Rochester, — 

"  I  must  thank  you  again  for  saving  my  arm  ;  and  no  money 
could  make  me  feel  as  happy  as  this  disabled  arm  does, 
thanks  to  your  skill  and  kindness.  The  arm  you  operated 
upon  was  my  right  arm,  and  this  letter  is  written  with  the 
same.  After  you  left  me  at  Fortress  Monroe,  my  arm  im- 
proved rapidly,  and  in  four  weeks  not  only  was  entirely 
healed  up,  but  I  was  able  to  walk  without  in  any  way  sup- 
porting myself.  The  wound  never  opened  after  it  once 
healed  up.     I  can  use  my  hand  as  well  as  ever." 


FIOriTrNG    FOR   TIIK    WOUNDKD.  47 

The  young  gciitlciuiin  is  .still  engaged  in  ii  biinking-IiouKe 
near  Rochester,  and  continues  to  write  letters  of  gratitude  to 
the  sui-geon  who  saved  his  arm. 

In  a  volume  of  reminiscences  of  tlie  war,  a  jiaper  by  Dr. 
Swinburne,  dated  July  23,  1863,  in  speaking  of  the  losses  of 
life  occurring,  as  they  did,  not  alone  by  the  ravages  of  grirn- 
visaged  war  in  their  usual  pliases,  but  in  numerous  instances 
from  the  want  of  care,  disease,  pestilence,  and  almcjst  famine 
in  ciunp  and  hospital,  said  :  — 

"I'his  awful  destruction  of  life  outside  ihe  usual  course  of 
war  has  been  attributed  by  friends  and  supporters  of  the  dif- 
ferent parties  in  the  country,  and  by  the  followers  of  different 
officers,  to  as  many  different  causes  as  there  liave  been  par- 
ties or  officers  interested  or  implicated  in  the  matter.  Many 
of  the  alleged  causes  are  truthful  to  a  certain  extent;  but  all 
of  them  are  overdrawn,  and  very  many  more  are  entirely  un- 
founded, disgraceful  to  those  charging  them,  and  only,  arise 
out  of  the  evident  desiie  of  their  supporters  to  heap  unwar- 
ranted contumely  upon  the  government,  or  the  officers  by 
them  arraigned;  and  tliat,  too,  with  a  design  theieby  to  fur- 
ther the  still  more  evident  and  grossly  ti'easonable  intent 
to  hinder  the  government  in  the  s^^eedy  and  successful  pros- 
ecution of  the  war,  and  thus  give  aid  and  comfort  to  the 
enemy  in  such  a  covert  manner  as  to  shield  the  authors  from 
the  penalty  of  open  treason. 

"Foremost  among  these  assigned  causes  has  lieen  the  al- 
leged inefficiency  in  the  conduct  of  the  medical  department 
of  the  service  duiing  this  campaign.  It  will  be  recollected 
that  the  celebrated  Dr.  Tripler,  an  old  arm}-  surgeon,  wlio.^e 
most  valuable  works  on  military  surgery  have  justl}'  attained 
a  fame  as  world-wide  as  the  subject  itself,  was  medical  di- 
rector of  the  Army  of  the  I'otomac  at  that  time.  It  has  been 
charged,  that,  b}-  reason  of  his  neglect,  the  Arm}-  of  the  Pe- 
ninsula was  left  without  many  things  which  were  absolutely 
requisite  for  the  proper  administration  of  the  medical  depart- 
ment of  that  army;  and  that  thus  the  soldiers,  worn  out  by 
the  fatigues  of  the  march,  weakened  by  exposure  to  severe 
storms  and  the  dangerous  miasmas  of  the  swamps,  and 
brought  down  to  the  hospitals  by  disease,  were  literally 
allowed  to  die  from  want  of  these  necessaries,  when  they 
could  have  been  promptly  obtained  at  any  time,  it  is  said, 
upon  proper  call.  This  charge,  it  has  occurred  to  me,  is 
grossly  unjust  to  one  whose  highest  aim  in  life  has  been  to 


48  A   TYPICAL   AMERICAN. 

serve  his  country  faithfully,  and  make  himself  a  useful  and 
shining  ornament  to  the  glorious  profession  he  has  adopted, 
and  a  lasting  benefit  to  the  human  race.  The  office  and 
duties  of  a  faithful  surgeon,  even  in  civil  life,  is  no  sinecure ; 
and  when  a  surgeon  of  noblest  mind  and  purest  purpose, 
impelled  by  love  of  country,  has  chosen  to  abandon  even  the 
emoluments  to  be  derived  from  the  practice  of  his  profession 
as  a  civilian,  and  is  willing,  for  the  paltry  pittance  allowed  by 
government,  to  assume  the  responsibilities,  and  devote  his 
utmost  energies  to  the  duties,  of  medical  director  of  an  army 
so  large  as  that  over  which  Di-.  Tripler  had  charge,  it  seems 
to  me  that  even  the  pardonable  anxiety  of  the  friends  of  those 
dying  under  his  charge  is  not  excusable  for  a  violation  to- 
wards him  of  the  ordinary  rules  of  charity  which  are,  in  the 
Book  of  books,  laid  down  for  our  conduct  towards  all  men. 

"  In  m}^  own  experience  in  the  peninsular  campaign,  I  found 
it  at  times  difficult  to  obtain  a  sufficient  supply  of  many  mate- 
rials which  were  absolutely  necessary  for  the  proper  care  and 
cure  of  the  sick  and  wounded,  and,  in  fact,  I  was  many  times 
utterly  unable  to  obtain  articles  most  needed ;  and  yet  I  have 
had  the  most  convincing  proof  that  the  medical  director  can- 
not be  justly  held  responsible  for  this.  The  fault,  I  am  con- 
vinced, lay  nearer  the  government  at  Washington.  To  my 
mind,  the  surgeon-general  (superior  officer  to  the  medical 
director)  —  having  the  means  at  hand  at  Washington  for  ascer- 
taining, if  he  did  not  know,  the  jjroportions  of  war  the  cam- 
paign was  assuming;  and  knowing,  as  he  must  have  known, 
the  size  of  the  army,  the  dangers  by  which  that  arni}^  was 
beset  from  the  effects  of  the  climate,  the  character  of  the 
country,  and  the  probabilities  of  battle  —  was  in  duty  bound 
to  see  that  all  necessary  material  was  provided  for  the 
medical  depaitment  of  the  service ;  and  it  would  be  but  a 
sickly  compliment  (as  it  is  an  illj^-consoling  excuse)  for 
that  officer  to  say  that  perhaps  he  did  not  realize  all  the 
necessities  of  the  case.  And  yet  the  fact  is  patent  that  there 
Avas,  during  the  whole  of  the  campaign,  a  lack  of  supplies  for 
the  medical  and  hospital  departments,  which,  without  doubt, 
was  the  cause  of  more  deaths  than  occurred  by  the  other  and 
more  direct  casualties  of  war. 

"  After  the  removal  of  Dr.  Tripler  as  medical  director, 
the  same  lamentable  state  of  affairs  existed,  and  the  same  de- 
fects in  the  medical  service,  to  a  greater  or  less  extent :  as  in 
the  location  of,  and  supplies  for,  the  hospital  at  Windmill 
Point,  where  days  are  said  to  have  elapsed  before  necessary 
food  and  medical  bupplies  were  obtained,  and  where  a  great 


FIGHTING    FOR   TIIK    WOUNDKD.  49 

number  of  our  men  Hciiuilly  died  from  lack  of  tliern  ;  the  medi- 
cal history  of  the  battle  of  Antietain,  at  which  it  is  char^^ed 
by  Dr.  Ajj^iiew  that  at  least  five  hiitidrcd  men  died  from  tlie 
want  of  medical  supplies;  the  battle  of  Chancellorsvilh;,  where 
thousands  wei'e,  it  seems  to  me,  needlessly  left  in  the  hands 
of  the  enemy,  when  they  might  and  should  have  been  trans- 
ferred to  the  other  side  of  the  river,  and  there  received  proper 
cure  and  surgical  attendance.  It  is  said,  tluit,  after  this  bat- 
tle, our  brave  wounded  soldiers  in  many  instances  lay  for 
days  without  proper  food  (and  in  some  cases  without  any), 
and  with  no  medical  relief,  many  of  them  left  to  the  tender 
mercies  of  the  enemy,  a  large  number  of  them  dying  from 
sheer  neglect,  and  many  others  buried  alive  in  fires  occa- 
sioned by  the  contending  armies  in  shelling  the  woods,  and 
burning  the  Chancellor  house." 

As  medical  superintendent  of  the  wounded  New- York 
troops,  he  was  not  only  ever  anxious  and  vigilant  in  caring 
for  them,  but,  wherever  he  saw  bad  management,  was  prompt 
and  fearless  to  call  attention  to  it. 

In  a  letter  to  his  Excellency  Gov.  Morgan,  dated  Fal- 
mouth, Va.,  Dec.  21,  1862,  Dr.  Swinburne  again  strikes  some 
pretty  hard  blows  at  the  head  of  the  medical  department  of 
the  army.     He  said,  — 

"  It  may  seem  presumptuous  in  me  to  offer  any  suggestions 
to  men  of  such  eminent  ability  as  are  to  be  found  directing 
the  medical  department  of  our  armies.  I  shall,  however, 
offer  to  3'ou,  as  the  executive  of  the  Empire  State,  such  sug- 
gestions as  shall  seem  to  me  appropriate  and  just  in  the  pres- 
ent emergency,  and  ^particularly  as  3'ou  have  seen  fit  to  honor 
me  as  the  accredited  medical  representative  of  the  State  of 
New  York,  to  look  to  the  interests  of  our  troops  now  in 
the  field.  I  should  therefore  prove  recreant  to  my  dut}'  were 
I  not  to  make  all  the  suggestions  which  I  deem  pertinent  to 
their  welfare. 

"  In  my  judgment,  there  is  something  radically  wrong  in 
the  manner  in  which  surgeons  are  selected  to  fill  certain 
positions.  Merit  or  competency  is  in  many  instances  en- 
tirely ignored,  and  seniority  takes  its  place.  ...  As  it  is 
now,  man}-  of  the  more  useful,  intelligent,  conservative,  and 
handy  operative  surgeons  are  acting  in  a  purely  executive 
capacity,  as  superintendents  of  hospitals,  directors  of  bri- 
gades, corps,  and  divisions,  instead'  of  which  they  should  be 


50  A  TYPICAL  AMEKICAN. 

employed  in  selecting  and  deciding  upon  the  operations  to  be 
performed,  if  any  were  requisite,  and,  if  need  be,  to  perform 
the  operations  in  a  manner  most  likely  to  give  the  patients 
the  best  chances  of  recovery.  I  know  full  well  that  there  is 
a  prevalent  idea  that  the  army  is  a  good  school  for  surgery. 
Now,  while  this  is  true  in  a  certain  sense,  it  is  not  so  in 
another." 

As  an  instance  of  the  misplacing  of  surgeons  in  the  field, 
the  doctor  wrote,  — 

"Take,  for  instance,  our  own  Frank  H.  Hamilton,  who 
consented  to  leave  an  elegant  home,  lucrative  practice,  and 
temporarily  relinquished  his  position  as  teacher  of  surgery  in 
Bellevue  Hospital,  to  go  out  with  a  regiment  of  volunteers. 
What  was  the  result  ?  He  was  soon  misplaced  by  being 
made  a  medical  director  of  a  corps ;  and  that,  too,  where  he 
was  mainly  useful  as  an  executive  officer,  and  where  his  pe- 
culiar talents  could  not  be  made  available  at  the  time  of  a 
great  battle,  when  his  genius  would  have  relieved  and  saved 
many  valuable  lives.  1  mention  this  simply  as  one  among  the 
many  instances  in  which  talent  is  being  constantly  misplaced 
in  this  grand  army,  where  there  are  thousands  of  the  best 
men  in  the  country,  who  command  and  obtain  at  home  the 
best  medical  talent.  Now,  if  these  officers  and  men  are  will- 
ing to  offer  their  bodies  as  a  sacrifice  to  assist  in  saving  our 
country  from  villanous  treachery  and  rebellion^  I  think  they 
have  a  right  to  demand  of  our  government  the  services  of  the 
most  experienced  surgeons,  at  any  cost.  In  this  respect  our 
government  has  displayed  the  most  sordid  penuriousness." 

During  the  three  days  in  June,  1862,  while  the  wounded 
were  being  brought  into  Savage  Station,  the  doctor  performed 
twenty-two  excisions  of  the  shoulder  and  elbow.  Of  these, 
six  resulted  in  good  limbs ;  two  which  would  have  resulted 
well,  were  afterwards  amputated  by  others  without  cause : 
the  others,  being  removed  to  the  pest-houses  or  "  tobacco 
warehouses  "  in  Richmond,  were  lost  sight  of. 

In  striking  contrast  to  this  humane  system  of  conservative 
surgery,  is  a  case  given  in  the  "  Medical  and  Suigical  Re- 
porter "  of  1863.  On  Sunday,  May  3,  Col.  Newman,  of  the 
Thirty-first  New-York,  was  wounded  in  the  left  foot  by  a 
grape-shot;  the  ball  passing  obliquely  upward  from  the  left 
side  of  the  foot,  crushing  the  anterior  part  of  the  tarsus,  and 


FIGHTINO    FOR   THE   WOUNDED.  51 

lodging  just  undei"  the  skin,  hut  not  involving  the  ankle-joint. 
From  t\voIv(!  to  lifteen  hours  after  tlie  injury  was  received,  the 
hall  was  cxtrii,c,(,(!(I,  ;ui(l  th(!  (colonel  sent,  after  the  wound  was 
dressed,  to  the  National  Hotel  at  Washington;  the  surgeons 
at  the  front  deciding  tlie  foot  could  he  saved.  On  invitation 
of  a  nephew  of  Senator  Wilkinson,  Minnesota,  Dr.  Swinburne 
called  on  the  colonel,  and,  coinciding  with  the  opinion  of  the 
surgeons  at  the  front  that  the  foot  could  be  saved,  washed 
out  the  wound,  and  dressed  the  foot.  In  the  evening  the 
doctor  called  again,  and  was  told  by  the  colonel  that  an  army 
surgeon  had  been  in  and  said  that  the  foot  must  be  ampu- 
tated. As  a  friend,  the  doctor  advised  against  amputation, 
and  continued  to  wash  and  dress  the  wound  twice  a  day.  On 
the  fourth  day  the  inflammation  had  very  considerably  abated, 
and  suppuiation  had  commenced;  the  wound  in  the  skin 
and  soft  tissue  had  begun  to  granulate ;  the  whole  appeared 
healthy  ;  and  the  constitutional  symptoms  had  subsided.  His 
appetite  was  good.  He  slept  well,  and  experienced  little  or 
no  pain  except  when  the  limb  was  moved.  Dr.  Spencer  of 
Watertown,  Dr.  Green  of  New  York,  and  five  arnw  surgeons 
of  good  standing,  who  saw  the  colonel,  agreed  with  Dr.  Swin- 
burne. On  the  11th,  however,  he  was  told  by  Surgeon-Gen. 
Hammond,  upon  whom  he  called  on  business,  that  he  (Ham- 
mond) objected  to  Swinburne  visiting  Col.  Newman  in  any 
capacity,  even  as  a  friend;  that  the  National  Hotel,  at  which 
he  was  stopping,  was  located  in  a  certain  district  in  Wash- 
ington, and  that  an  army  surgeon  had  charge  of  the  district ; 
that  the  patient  belonged  to  such  surgeon,  and  that  he  (Swin- 
burne) had  no  business  to  call  in  an}-  capacity.  At  the  spe- 
cial request  of  Col.  Newman,  Dr.  Swinburne  called  again,  in 
company  with  Dr.  Spencer,  and  advised  the  colonel  to  get 
permission  to  go  to  New  York,  Dr.  Spencer  offering  to  accom- 
pany him.  But  the  army  surgeons  decided  against  this 
course,  and  said  he  must  have  the  foot  amputated,  or  they 
would  not  attend  him  ;  and  that,  if  he  did  not  submit  to  their 
decision  in  regard  to  him,  he  would  be  reported  to  the  sur- 
geon-general for  contumely,  and  dismissed  from  the  service, 
the  colonel  assuring  the  doctor  a  friend  of  his  had  been  thus 


52  A   TYPICAL   AMERICAN. 

treated.  The  surgeon  informed  the  colonel,  he  said,  "that,  if 
he  did  not  submit,  they  would  have  to  leave  him,  and  that  he 
should  have  neither  pay  nor  medical  attendance,  but  that 
they  would  strike  him  from  the  roll,  and  that  they  had  the 
authority  of  the  surgeon-general  for  saying  this."  The  sur- 
geon also  added  to  the  colonel's  friend,  "  If  I  find  a  citizen 
surgeon  in  the  room  looking  at  any  of  my  patients,  I'll  kick 
him  down  stairs."  These  remarks  were  made  by  Ur.  Clymer. 
The  amputation,  after  much  dallying,  was  finally  made  by 
Dr.  Clymer,  assisted  by  Surgeons  De  White,  Swasey,  Farrel, 
and  Allen,  notwithstanding  the  patient  was  rapidly  improv- 
ing; and  the  colonel  died.  A  friend  of  the  colonel,  writ- 
ing to  Dr.  Swinburne  after  the  butchery  of  this  brave  soldier, 
said,  "  This  noble  soldier  often  expressed  his  thanks  for  your 
kindness,  and  could  not  convince  himself,  that,  in  handling 
and  dressing  his  wound,  any  hands  were  as  soft  and  delicate 
in  their  touch  as  yours." 

In  reviewing  the  case  in  that  fearless  manner  always  char- 
acterizing the  doctor's  course  when  attacking  malpractice 
on  the  soldier  or  private  citizen,  he  raised  these  important 
points :  — 

First,  The  surgeons  on  the  field  decided  upon  the  propriety 
of  not  amputating  the  foot  of  Col.  Newman  ;  that  it  could 
be  saved  without  amputation. 

Second,  That  the  injury  was  inflicted  on  the  3d,  and  the 
surgeons  on  the  field  decided  not  to  amputate.  When  he 
arrived  in  Washington  on  the  8th,  while  the  whole  limb  was 
tumefied,  and  absolutely  shining  with  inflammation,  the  sur- 
geons in  Washington  wished  to  amputate.  This  was  delayed 
from  day  to  day,  and  still  the  foot  improved,  in  spite  of  the 
depression  of  mind  caused  by  the  constant  threats  of  ampu- 
tation. On  the  13th  they  demanded  amputation,  and  it  was 
delayed,  the  same  condition  of  things  existing,  and  I  learn  the 
surgeons  decided  upon  waiting  for  a  few  days.  On  the  16th 
Col.  Newman  was  troubled  with  little  pain.  Meanwhile  his 
wounds  freel}^  suppurated  ;  and,  in  fact,  his  condition  had  con- 
tinued to  improve,  so  that  suppuration  was  free.  On  the 
16th  "the  surgeons  administered  ether,  and  made  a  perfect 
examination" — of  what?  Wh}'-,  a  wound  into  which  j'ou 
could  easily  put  your  thumb  and  all  your  fingers.     This  ex- 


FIGHTING    I-'(;H    THE    WOUNDIOD.  63 

iuniiiiitioii  resulted  (iis  tlic;  siirpj(;ons  stilted)  in  firidinj:^  a  small 
bit  oi'  l(!iitli(!r,  and  in  wrenc]iin<f  by  great  f()r(;e  a  piece  of 
crushed  bone,  about  one  inch  sijuare,  from  its  connection  with 
the  livinf^  tissues,  besides  doinj^  other  irreparable  injury  to 
the  soft  parts.  All  of  these  loose  bones,  leather,  etc.,  would 
have  dropped  out  of  the  wound  whenever  loosened  by  nature. 

Third,  The  17th  (next  day)  he  was  attacked  with  tetanus. 
TIow  sio-ni(icant !  Cause  and  effect  are  sure  to  follow, 
'i'he  story  of  the  apples  over  again  :  you  need  not  knock 
■them  from  the  tree,  since,  if  let  alone,  they  will  fall  when 
ripe.  And  so  the  bone  will  surely  follow  the  organic  laws  of 
nature  :  ergo  the  ignorant  interference  with  the  bone  caused 
the  iii'itation  which  resulted  in  tetanus,  the  amputation  and 
hemorrhage  foUowed,  and  the  sequel,  death,  was  the  result. 

P\)urth,  If  amputation  was  to  have  been  performed,  why 
make  tiie  "-examination  "  at  all,  in  the  manner  it  was  made? 
since  the  eye  could  scan  the  entire  wound,  and  the  finger 
could  easily  pass  through  and  into  the  wound,  and  ascertain 
its  condition.  Then  why  irritate  the  parts  at  all,  before  ampu- 
tating? since  it  is  the  desire  of  all  good  surgeons  to  avoid 
it,  in  order  to  save  the  shock,  —  the  pytcmia  gangrene,  or  tet- 
anus. That  the  latter  followed  so  soon  after  this  injudicious 
interference,  there  need  be  no  wonder. 

The  review  of  this  case  by  Dr.  Swinburne,  and  the  deduc- 
tions he  drew,  created  quite  ^furore  among  the  surgical  pro- 
fession in  the  army  and  with  the  public.  It  but  proved  the 
assertion  made  two  months  later  by  the  "Medical  and  Surgi- 
cal Reporter  :  "  "  While  on  the  whole  there  has  been  but  little 
to  complain  of  under  the  circumstances,  regarding  the  employ- 
ment of  irregular  practitioners  by  the  government,  instances 
have  occurred,  and  still  exist,  where  they  have  occupied 
prominent  positions  in  the  government  service." 

The  "  Reporter,"  in  an  article  on  "  Tyranny  in  the  ^Medical 
Department  of  the  Army,"  referring  to  the  case  of  Col.  New- 
man, said, — 

"  On  another  page  of  this  number  we  publish  an  article 
from  a  responsible  source,  detailing  a  case  in  which  a  cold, 
heartless,  tyrannical  exercise  of  power  on  the  part  of  the 
highest  medical  officer  under  our  government,  and  a  subordi- 
nate who,  if  we  mistake  not,  when  the  war  broke  out  was 
engaged  in  mercantile  pursuits,  certainly  not  in  the  practice 


54  A   TYPICAL   AMERICAN. 

of  medicine  or  surgery,  seems  to  have  cost  a  brave  officer  and 
worthy  man  his  life.  Let  our  readers  peruse  the  article,  and 
note  the  facts.  Let  them  observe  that  at  a  public  hotel  a 
wounded  man  was  denied  the  2)rivilege  of  calling  in  the  sur- 
gical aid  of  one  of  the  first  surgeons  in  the  State  from  which 
he  volunteered,  who  was  then  on  official  professional  duty 
from  the  executive  of  his  State,  and  was  compelled  to  submit  to 
an  amputation  against  his  own  wishes,  and  against  the  judgment 
of  a  number  of  able  surgeons;  and  that,  too,  when  confessedly 
those  who  msisted  on  taking  charge  of  the  case  had  not  time- 
to  give  it  the  attention  needed  to  save  the  limb.  We  had  sup- 
posed, that,  in  the  circumstances  in  which  Col.  Newman  was 
placed,  he  had  a  right  to  choose  his  medical  adviser,  and  that 
he  also  had  a  right  to  refuse  to  have  his  limb  amputated.  It 
seems,  however,  that  he  had  no  rights  at  all,  that  Brigadier- 
Gen.  Hammond  and  his  subordinates  were  bound  to  respect. 
The  surgeon  (Dr.  Swinburne)  of  the  patient's  choice  was 
one  of  high  standing  and  acknowledged  ability,  and  one  who, 
in  his  capacity  as  surgeon,  was  officially  connected  with  the 
government  of  the  State  to  which  the  wounded  man  be- 
longed." 

In  company  with  Senator  Wilkinson  and  a  governor  of  one 
of  the  Western  States,  Dr.  Swinburne  waited  on  Secretary 
of  War  Stanton,  and  indignantly  denounced  this  piece  of 
butchery,  and  other  practices  in  the  medical  department  of 
the  army.  The  secretary,  turning  to  the  senator,  asked, 
"  Who  is  this  man  who  so  boldly  makes  these  charges  ?  "  The 
senator  replied,  "  He  is  a  gentleman  who  knows  of  what  he 
speaks,  eminent  as  a  surgeon,  and  successful  beyond  all 
others,  terribly  interested  in  the  soldiers ;  and,  if  you  don't 
know  him  now,  you  will  soon  know  all  about  him." 

The  doctor  wrote  to  the  "  Medical  Times  "  a  severe  criti- 
cism on  the  management  of  the  medical  department  for  the 
care  of  the  sick  and  wounded  after  the  battle  of  Fredericks- 
burg. This  communication  was  suppressed  ;  and  in  its  place 
laudatory  articles  appeared,  praising  the  surgeon-general,  who 
was  reputed  to  be  one  of  the  proprietors  of  that  journal,  and 
who  was  busily  engaged  in  preparing  a  medical  and  surgical 
history  of  the  war. 

Of  this  official  and  his  enterprise,  the  "Medical  and  Surgi- 
cal Reporter  "  said,  — 


FKJII'riNd    FOR    I'll  10    WOirXDKI).  hh 

"  Tlic  of'lice  of  siir<^G()ii-^(!iioriil  of  the  United  Stutcs  is 
one  of  {^fejit  iniportuiKUj  iiud  dignity.  Its  occupant  Hliould 
have  a  better  (jhura  to  it  than  any  founded  on  mere  personal 
or  moneyed  influence,  or  the  advocacy  of  parties  whose  influ- 
ence has  tended  to  dej^rade  the  medical  bureau.  He  should 
be  a  man  of  experience,  a  practical  man.  The  hearl  of 
the  medical  (le[)artmcnt  is  collecting  material  for  a  surgical 
history  of  the  war;  and  army  surgeons  have  been  rliscour- 
aged  from  publishing  cases  that  have  occurred  under  their 
observation,  lest  it  should  detract  from  the  freshness  and 
originality  of  the  contemplated  work." 

On  May  4,  18G3,  Dr.  Swinburne  was  again  commissioned, 
this  time  by  Gov.  Seymour,  and  left  for  Washington  with  a 
letter  from  the  governor  to  Secretary  of  War  Stanton,  in 
which  the  governor  wrote,  — 

"  Having  had  much  experience  in  hospital  practice,  and 
also  having  seen  much  service  with  the  army,  I  deem  hira 
eminently  qualified  for  the  duty  to  which  I  desire  he  may  be 
assigned.  Under  letters  from  my  predecessor.  Gov.  Morgan, 
Dr.  Swinburne  was  placed  in  the  position  which  I  desire  to 
have  him  occupy." 

He  also  had  with  him  a  letter  from  Ex-Gov.  Morgan  to 
Secretary  Stanton,  in  which  the  writer  said,  "  I  need  not  re- 
peat to  you  that  Dr.  Swinburne  is  one  of  our  most  efficient 
surgeons,  and  has,  by  his  skill  and  scientific  treatment,  saved 
many  limbs  and  lives." 

He  had  also  a  letter  to  the  secretary  from  the  late  Thurlow 
Weed,  in  which  he  said,  "  You  know  how  generously  he  has 
served  the  countrj^,  and  the  cause  of  humanity,  and  will,  I 
doubt  not,  promptly  pass  him  to  the  array." 

On  his  arrival  in  Washington,  he  presented  his  credentials 
to  Surgeon-Gen.  Hammond,  and  was  told  "  that  it  was  the 
special  request  of  Gen.  Hooker  and  ^Medical  Director  Latter- 
man,  that  no  civilian  surgeons  be  allowed  to  pass  into  the 
army  lines  at  this  time ;  that  those  who  were  there  when  the 
movement  commenced  were  to  remain,  but  additions  were 
not  desired." 

The  doctor  then,  with  the  assistance  of  the  late  Senator 
Sumner  and  others,  persisted  in  an  effort  to  get  a  pass  to  the 


66"  A   TYriCAL   AMERICAN. 

front  as  a  citizen  in  search  of  a  friend,  but  in  every  effort  failed ; 
Surgeon-Gen.  Hammond  declaring  he  would  submit  the  ap- 
plication, with  his  disapproval,  to  the  war  department,  show- 
ing the  animus  and  jealousy  that  actuated  that  official.  In 
one  conversation  the  secretary,  in  a  very  excited  manner, 
declared  the  fact  of  giving  the  information  Dr.  Swinburne 
did  to  Gov.  Seymour  was  wrong,  and  that  of  itself  was  evi- 
dence the  doctor  was  a  "  bad  and  dangerous  man."  The 
doctor  rejDlied,  "If  doing  my  duty  faithfully,  and  reporting 
the  result  to  Gov.  Seymour,  who  had  sent  me,  and  who  was 
entitled  to  know  the  result,  made  me  in  his  (the  secretary's) 
estimation  what  he  had  been  pleased  to  term  me,  then  I 
acknowledge  you  are  right." 

Notwithstanding  the  efforts  already  made  in  vain,  yet  at 
the  request  of  Senator  Sumner  to  renew  the  application,  and 
on  the  receipt  of  the  following  telegram  from  Adjutant-Gen. 
John  S.  Sprague,  —  "  Renew  your  application  :  it  is  the  gov- 
ernor's desire  that  you  go  to  the  Army  of  the  Potomac  if  possi- 
ble,"—  the  doctor  made  one  more  effort. 

On  this  effort  proving  a  failure,  he  telegraphed  to  that  effect 
to  Gov.  Seymour,  and  received  the  following  from  Adjutant- 
Gen.  Sprague :  — 

"  The  governor  is  gratified  with  your  zeal,  but  thinks 
he  cannot  ask  the  government  to  violate  its  rules.  Pie  hopes 
and  believes  you  can  be  of  great  service  to  those  who  come 
from  the  army  at  Washington  and  vicinity." 

Notwithstanding,  both  the  secretary  of  war  and  surgeon- 
general,  in  refusing  to  allow  Dr.  Swinburne  to  go  to  the  front, 
had  suggested  this  very  course ;  yet,  when  the  governor's 
telegram  to  this  effect  was  presented,  a  refusal  was  again  met 
with.  Surgeon-Gen.  Hammond,  who  had  said,  "  You  can  be 
of  great  service  to  the  sick  and  wounded,"  now  said,  that, 
after  what  had  occurred,  he  did  not  desire  Dr.  Swinburne,  or 
any  other  medical  representative  or  agent  of  the  State  of  New 
York,  to  visit  the  hospitals  about  Washington,  or  offices  in 
Washington. 

In  consequence  of  these  several  refusals  of  the  war  depart- 
ment and  Surgeon-Gen.  Hammond  to  recognize  Dr.  Swinburne 


FiaHTING    FOR    THE    WUVSDllD.  57 

as  medical  a<font  from  tlic  State  of  New  York,  or  to  allow 
him  to  visit  the  army  as  a  citizen,  the  doctor  felt  that  his 
remaining  in  Washington  longer  would  certainly  call  down 
further  op])osition  from  the  war  department,  influenced  as 
it  was  by  Hammond,  and  perhaps  involve  the  doctor's  pei- 
sonal  safety;  and  realizing  he  was  debarred  from  carrying  out 
the  mission  for  which  he  was  sent,  or  the  prompting  of  iiis 
own  heart  to  benefit  the  sick  and  wounded,  he  left  Washing- 
ton for  home.  The  dwarfish  system  of  the  head  could  not 
bear  criticism,  and  knew  he  was  safe  from  any  censure  by 
those  who  adhered  strictly  to  military  red  tape,  and  wore  the 
insignia  of  a  regular  of  the  army. 

In  1864,  Surgeon-Gen.  William  A.  Hammond  was,  after  a 
trial  by  court-martial  lasting  four  months,  dismissed  from  the 
service,  and  forever  disqualified  from  holding  any  office  of 
honor,  profit,  or  trust  under  the  Government  of  the  United 
States.  Soon  after  his  removal,  he  inaugurated,  according  to 
the  "Reporter,"  the  "Medical  Monthly,"  of  which  enterprise 
the  "  Medical  and  Surgical  Reporter  "  said,  — 

"It  is  reported  in  New  York  that  the  sanitary  commission 
has  subscribed  to  three  thousand  copies  of  this  journal.  We 
can  scarcely  believe  that  such  a  misappropriation  of  its  funds 
has  been  made  b}"^  that  organization,  certainly  not  to  the  ex- 
tent reported,  though  it  will  be  remembered  that  among  the 
singular  expenditures  of  the  commission  is  a  considerable 
amount  for  the  publication  of  medical  essaj's  for  the  use  of 
surgeons  on  the  battle-field  and  in  hospitals.  It  is  possible 
that  the  commission  has  undertaken  to  distribute  three  thou- 
sand copies  of  the  '  New- York  iMedical  Journal '  as  a  favor 
to  its  reputed  principal  proprietor  and  editor." 

As  in  all  other  conflicts  where  the  doctor  espoused  the  cause 
of  the  suffering  soldier  or  the  people,  results  brought  about 
by  time  proved  he  was  always  right,  and,  when  right,  earnest. 


CHAPTER   V. 

FROM   WAR   TO   PESTILENCE. 

Health-Officer  of  New  York.  —  A  Democratic  Governor  and  Republican  Sen- 
ate indorse.  —  No  Man  More  Popular.  —  Forewarned,  Fore-armed.  —  Praised 
by  tlie  Governor  and  Press.  —  Fighting  Yellow-Fever. 

In  1864  the  State  of  New  York,  and  the  large  portion  of 
the  nation  to  which  the  port  of  New  York  was  the  key,  were 
threatened  with  another  enemy  more  subtle  than  that  of  war, 
which  was  at  the  time  creating  such  cruel  havoc  among  the 
people  in  the  southern  portion  of  the  country.  This  subtle 
foe,  in  the  nature  of  the  pestilential  yellow-fever,  was  then 
infecting. a  larger  number  of  ports  with  which  our  commerce 
was  carried  on  than  during  any  other  season  for  sixty-six 
years,  excepting,  perhaps,  the  year  1856.  The  anxiety  of  the 
residents  of  that  cit}^,  of  the  State,  and  of  the  State  Govern- 
ment, was  naturally  aroused  at  the  impending  danger  threa- 
tened; and  prompt  measures  were  deemed  essential  to  meet 
this  foe  that  must  inevitably  come  to  our  shores,  and,  if  possi- 
ble, check  it  before  its  ravages  had  reached  the  land.  This 
could  only  be  done  by  an  efQcient  and  effective  quarantine  at 
the  port  of  New  York.  To  meet  this  emergency,  the  Legisla- 
ture, in  1863,  had  enacted  a  law  for  the  establishing  of  a  sys- 
tem of  quarantine  in  the  lower  bay.  The  very  thought  that 
there  was  even  a  possible  danger  of  the  plague  spreading  over 
the  State,  and  adding  its  horrors  to  what  the  people  were 
already  enduring,  was  a  strain  almost  too  great  to  bear,  and 
alarmed  them  to  a  degree  that  even  the  excitement  attending 
the  news  from  the  fields  of  battle  could  not  eclipse.  Of  what 
avail,  it  was  readily  recognized,  would  be  laws  to  establish  a 
quarantine,  however  well  framed,  or  the  appropiiation  of  mil- 
lions of  dollars  to  effect  the  desired  end  for  the  purpose  of 
saving  the  people,  unless  the  right  man  was  in  charge  as  health- 
officer  at  the  port  of  New  York  ?     For  that  position  an  emi- 


FROM  WAll  TO  1'estili:n(;k.  59 

iiently  qualified  man  Jiiust  be  chosen  ;  and  (mov.  Seymour, 
luiving  the  appointinj^  power,  by  that  intuitiveness  for  which 
he  was  characterized,  realized  the  dangers  that  threatened,  and 
the  kind  of  a  man  the  emergencies  of  the  times  recjuired. 

Dr.  Swinburne  had  returned  from  the  army,  where  he  had 
been  working  out  his  plans  for  the  relief  of  the  sick  and 
wounded,  and  where  he  had,  after  meeting  with  great  oppo- 
sition because  of  professional  jealousy,  accomplished  much  of 
his  undertaking.  Having  no  other  desire  than  to  succor  and 
benefit  the  soldiers,  and  having  come  to  fully  comprehend  the 
obstacles  that  were  being  placed  in  his  way  as  a  volunteer 
surgeon,  he  believed  further  effort  would  be  the  cause  of 
intensifying  opposition  from  the  head  of  the  medical  depart- 
ment of  the  army,  and  necessarily  in  a  large  degree  prove 
futile,  he  resigned,  and  returned  to  Albany.  Gov.  Seymour 
had  watched  with  deep  interest  and  pride  the  work  accom- 
plished by  this  volunteer  surgeon,  his  boldness  in  denouncing 
mismanagement  by  those  in  high  places,  as  well  as  his  intrepid 
fearlessness  as  to  personal  danger,  combined  with  his  ac- 
knowledged skill  in  fathoming  the  causes  of  sickness,  and 
applying  the  remedies  to  eradicate  disease,  saw  in  him  the 
official  he  wanted  for  the  responsible  position  of  the  times, 
and  promptly  sent  his  name  to  the  Senate  for  confirmation  as 
health-officer  of  the  port  of  New  York. 

When  the  nomination  of  Dr.  John  Swinburne  as  health- 
officer  was  sent  to  the  Senate,  the  two  branches  of  the  State 
Government  —  the  appointing  and  confirming  powers  —  were 
politically  opposed  to  each  other,  and  the  number  of  appli- 
cants for  the  position  was  numerous.  Yet,  to  the  credit  of 
all  parties  concerned  in  making  the  appointment,  the  same 
loyal  spirit  which  had  so  often  manifested  itself  during  the 
previous  years,  when  vital  questions  affecting  the  safety  of 
the  nation  or  the  peace  and  health  of  the  people  were  agi- 
tated, triumphed.  There  were  no  political  lines  of  demarca- 
tion drawni:  Republicans  and  Democrats  arose  to  the  demands 
of  the  hour,  and  were  Americans.  The  fame  the  doctor  had 
already  achieved  was  known  to  every  member  of  the  Senate, 
as  it  was  to  the  governor ;  and,  as  a  sequence,  one  of  the 


60-  A   TYPICAL   AMERICAN. 

grandest  indorsements  of  any  man  ever  given  in  public  life 
v^^as  there  recorded  of  this  gentleman  by  his  appointment, 
made  by  a  Democratic  governor,  being  unanimously  con- 
firmed by  a  Senate,  a  large  majority  of  whom  were  Republi- 
cans, in  less  than  half  an  hour  from  the  time  it  was  placed 
before  them. 

That  the  appointment  was  heartily  indorsed  by  the  press, 
is  evidenced  by  the  comments  of  the  journals  of  both  political 
faiths,  but  by  none  more  warmly  than  by  the  press  of  New 
York,  politicall}^  opposed  to  him. 

The  "  New- York  Herald  "  of  March  20,  1864,  said,  — 

"  The  public  will  be  a  little  surprised  to  learn  that  the  Sen- 
ate confirmed  the  nomination  of  Dr.  John  Swinburne  of 
Albany,  for  health-officer  of  the  port  of  New  York,  in  place 
of  Dr.  Gann,  who  has  held  that  position  for  several  years 
past.  This  programme  was  agreed  upon  in  the  Republican 
caucus  of  senators  the  previous  evening.  There  were  facts 
presented  to  that  caucus,  in  regard  to  the  condition  of  affairs 
at  quarantine,  that  justified,  and,  in  fact,  was  considered  by 
the  Republican  senators  sufficient  to  demand,  on  their  part, 
immediate  action.  The  caucus  decided  to  have  the  Senate 
go  into  executive  session,  and  suspend  the  rules,  and  confirm 
the  appointment  of  Dr.  Swinburne,  that  he  might  immediately 
be  commissioned.  A  messenger  was  sent  to  Dr.  Swinburne, 
notifying  him,  that,  if  the  governor  would  send  his  name  into 
the  Senate,  it  would  be  confirmed  without  delay.  In  accord- 
ance with  this  understanding.  Gov.  Seymour  sent  in  his  name. 
The  Senate  went  into  executive  session,  suspended  the  rules, 
—  which  require  that  the  appointments  by  the  governor  shall 
be  referred  to  a  committee,  and  layover  for  one  week,  —  and 
unanimously  confirmed  the  nomination." 

On  the  following  day  the  "  Herald"  said,  — 

"Dr.  Swinburne,  whose  appointment  as  health-officer  of 
the  port  of  New  York  by  Gov,  Seymour  was  confirmed  by 
the  Senate  on  Friday  last,  is  a  resident  of  Albany,  and  enjoys 
a  high  reputation  as  a  physician  and  surgeon.  During  Gen. 
McClellan's  campaign  on  the  peninsula,  he,  with  other  New- 
York  surgeons,  volunteered  his  services,  and  at  Savage  Sta- 
tion and  elsewhere  rendered  much  aid  to  our  sick  and 
wounded  soldiers.  He  was  in  charge  of  the  hospital  at  Sav- 
age Station  when  that  point  was  captured  by  the  enemy,  and 


FROM    WAIl   TO    PESTILENCR.  01 

accompanied  onr  woiiikIocI  soldiers,  where  lie  remained  with 
them,  devotinff  all  his  time  and  snrf,ncal  talent  to  their  care. 
Again,  immediately  after  the  battle  of  Fredericksburg,  he, 
with  other  suigeons  from  this  State,  offered  his  services  to 
attend  upon,  and  look  after,  the  welfare  of  our  wounded  sol- 
diers, but  learned,  on  reaching  Washington,  that  an  order  had 
been  promulgated  excluding  all  volunteer  surgeons  from  the 
front.  Although  a  Republican  in  politics,  it  is  understood 
that  Dr.  Swinbuj-ne's  claims  upon  the  Senate  rested  mainly 
ii[)on  his  conceded  professional  qualifications,  and  the  valuable 
services  he  has  voluntarily  rendered  to  our  troops." 

The  "  New- York  World,"  in  announcing  the  appointment 
of  Dr.  Swinburne,  said, — 

"He  is  a  bricrht,  enero:etic,  ambitious  surgeon,  who  has  in 
hospital  and  camp,  in  private  practice  and  in  a  wide  range  of 
action,  as  in  the  army,  and  as  in  the  prisons  of  the  enemy, 
held  bold  and  strong  place,  and  made  himself  a  name  accept- 
able to  Gov.  Seymour,  and  accepted  by  the  Senate.  It  is 
a  remarkable  step  forward,  as  Dr.  Swinburne  is  a  lively 
man,  and  will  make  a  good  officer.  It  is  a  pleasant  idea  that 
in  any  thing  there  should  be  an  entente  cordiale  between  the 
governor  and  the  Senate.  It  is  an  appointment  that  will  be 
canvassed  by  the  medical  profession,  who  are  somewhat  dis- 
thiguished  for  a  sharp  and  severe  criticism  of  each  other  ;  but 
the  doctor  is  used  to  conflicts  of  this  kind,  and  can  smile  at 
the  storm.  He  finds  himself  suddenly,  this  sunshiny  Saturday, 
health-officer  of  the  great  New- York  harbor.  It  is  waking 
up  to  find  himself  famous,  and  the  surgeon  will  undergo  the 
dissection  of  criticism.  That  the  nomination  met  with  un- 
usual favor,  is  shown  by  the  fact  that  the  appointment,  in  its 
confirmation,  was  immediately  sent  to  the  governor.  Of 
course,  it  is  the  event  of  the  day." 

The  "  New- York  Times"  said  of  the  appointment, — 

"  He  is  an  accomplished  physician,  and  one  of  the  ablest 
surgeons  in  the  State,  and  devoted  to  his  profession,  and  is 
among  the  foremost  in  developing  its  skill,  and  extending  its 
usefulness.  Personally,  no  man  can  possess  more  popular 
qualities,  and  no  man  is  more  deservedly  popular.  It  was  Dr. 
Swinburne  who,  volunteering, and  leaving  a  lucrative  practice, 
was  sent  by  the  governor  to  the  peninsula,  where  his  skill  and 
fidelity  were  of  the  greatest  value.  During  the  seven-days' 
battles,  refusing  to  leave  the  sick  and  wounded  under  his 
charge,  he  was  taken  prisoner;  and  it  was  due  to  his  firm  and 


62.  A   TYPICAL    AMERICAN. 

manly  appeals  to  the  rebel  authorities  that  much  of  misery 
and  death  were  saved,  and  comforts  secured  to  our  suffering 
soldiers.  He  will  bring  to  the  position  of  health-officer  all 
the  ability  necessary  to  fill  it,  and  the  will  to  do  so  faithfully 
and  valuably." 

"  That  a  prophet  is  not  without  praise  save  in  his  own 
country,"  did  not  apply  to  the  honored  physician.  The  press 
of  Albany,  his  residence,  where  he  was  better  known  than 
anj^where  else,  was  decided  in  their  comments  of  the  wisdom 
of  Gov.  Seymour  in  making  this  selection. 

The  "  Albany  Evening  Times  "  said,  "  This  is  an  excellent 
appointment,  and  one  well  deserved." 

The  "  Evening  Journal,"  "  In  nominating  Dr.  Swinburne, 
he  selected  a  gentleman  of  high  professional  character." 

The  "Albany  Express,"  "We  think  the  fact  that  politicians 
of  both  parties  dislike  the  appointment  is  the  most  satisfac- 
tory argument  that  could  be  offered  that  the  governor  nomi- 
nated, and  the  Senate  confirmed,  just  the  right  man." 

The  "  Albany  Argus,"  whose  editor  was  well  acquainted 
with  the  private  and  military  career  of  the  doctor,  said  edito- 
rially on  March  21,  "  Dr.  Swinburne  was  pressed  by  men  of 
all  parties,  and  by  the  medical  profession  of  the  State  gener- 
ally, not  only  on  account  of  his  scientific  position,  but  on  ac- 
count of  the  service  he  had  personally  rendered  our  soldiers 
in  the  hospitals  and  on  the  battle-fields.  These  considerations 
induced  Gov.  Seymour  to  make  the  appointment,  and  the  Sen- 
ate, without  a  moment's  hesitation,  to  confirm  it. "  And  on 
the  23d  he  again  said  editorially,  "  It  was  understood  that  a 
political  appointment  in  place  of  Dr.  Gunn  would  not  meet 
the  concurrence  of  the  Senate.  In  nominating  Dr.  Swinburne, 
he  selected  a  gentleman  of  high  professional  character,  and 
one  who  devoted  earnest  and  salutary  labors  to  the  soldiers 
of  New  York." 

This  position  he  held  for  six  consecutive  years,  until  the 
advent  of  the  Tweed  regime,  and  the  inauguration  of  that  era 
of  j)ublic  plunder  which  followed,  marking  the  most  corrupt 
epoch  in  the  history  of  the  State,  ending  at  last  in  the  igno- 
minious death  of  the  chieftain  in  a  felon's  cell,  and  the  flee- 


FROM    WAR     I'O    I'ESTILRISCB.  68 

iiig  as  outcasts,  and  fuf^itivos  from  justice,  of  soiric  of  liis  most 
active  priu(!es  and  leaders.  During  that  [jeriod,  he  estab- 
lished and  built  up  one  (d"  the  best,  if  not  tiie  best,  quaran- 
tine systems  in  the  world.  The  ])(;culiar  and  fitting  record 
of  the  esteem  in  whidi  he  was  then  held  was  greatly  aug- 
mented in  later  years  by  his  re-ap})ointm(;nt  as  healtli-officer 
by  Gov.  Fenton  (Republican)  when  he  succeeded  Seymour 
(Democrat),  as  did  Seymour  when  lie  succeeded  Morgan 
(Republican),  in  the  re-appointment  of  Dr.  Swinburne  to  a 
l^osition  in  military  service. 

The  appointment  opened  up  a  new  field  of  professional 
activity  and  research  to  the  inquiring  mind,  that  had  been 
restless  for  years  in  searching  after  greater  truths  in  his 
profession,  and  the  developing  of  more  efficient  means  to  sup- 
press disease  ;  as  he  had  labored  for  years  before,  in  introdu- 
cing a  more  conservative  system  of  surgery  for  the  saving  of 
limbs,  as  well  as  lessening  the  tortures  that  had  heretofore 
almost  caused  the  blood  to  chill  at  the  mere  mention  of  a 
surgeon,  whose  profession  and  practice  were  thought  to  be 
synonymous  with  cruelty  and  amputated  members.  All  the 
diseases  humanit}'"  so  revolts  from,  such  as  cholera,  small-pox, 
and  yellow  and  ship  fevers,  he  met  at  the  watery  gate  of  the 
city,  and  successfully  conquered,  often  fighting  these  loath- 
some and  dire  diseases  at  quarantine,  while  the  residents  of 
the  metropolis  slept  in  safety,  not  even  knowing  danger  was 
so  near.  The  work  accomplished  at  that  station  was  even 
greater  than  that  accomplished  by  him  on  the  field.  Here 
he  had  no  ignorant  superior,  or  professional  jealousy,  to  con- 
tend with,  and  hence  pushed  forward  his  work  with  such 
marvellous  success  that  he  received  the  congratulations  of 
the  Executive  in  an  annual  message  ;  and  the  Legislature, 
fully  appreciating  his  work,  by  law  enacted,  after  his  retire- 
ment, that  one  of  the  artificial  islands  built  by  him  in  the 
bay  should  forever  be  known  as  Swinburne's  Island  Hos- 
pital. 

No  record  of  the  living  will  ever  reveal  what  was  accom- 
plished during  the  time  Dr.  John  Swinburne  held  the  posi- 
tion of  health-officer ;   and  it  is  utterly  beyond  all  human 


64  A   TYPICAL   AMERICAN. 

power  to  conceive  what  evil  results  his  knowledge  and  sci- 
ence, and  the  sj'stem  of  prevention  he  adopted,  were  the 
means  of  averting.  That  he  established  a  great  quarantine, 
to  prove  a  continuous  safeguard,  is  a  matter  of  history  ;  that 
he  run  the  quarantine  department  when  the  duties  of  the 
health-officer  were  much  greater,  at  seventy  thousand  dollars 
per  3'ear  less  than  one  of  his  successors,  Dr.  Vanderpoel,  is  a 
matter  of  record  on  the  books  of  the  comptroller;  that  he 
never  gave  occasion  for  a  suspicion  of  dishonest}''  during  his 
management,  is  a  pleasant  reminiscence  in  official  life  ;  and 
that  the  results  of  his  searching  after  the  origin  and  nature  of 
cholera  and  yellow-fever,  as  well  as  the  most  effective  means 
to  check  and  eradicate  these  diseases,  have  been  accepted 
and  dwelt  upon  as  reliable  authority  ever  since,  must  be 
gratifying  to  his  professional  pride,  free  as  he  is  from  vanity 
as  a  gentleman,  and  from  professional  jealousy  —  an  out- 
growth of  the  known  and  envied  superiority  of  others  —  as  a 
physician  and  surgeon. 

A  man  filling  such  a  position  would  be  more  than  human, 
and  nothing  less  than  infallible,  if  he  met  with  no  opposition 
in  the  discharge  of  its  duties.  Dr.  Swinburne  was  not  ex- 
empt from  complaints ;  but  they  came  solely  from  persons 
who  had  pecuniary  interests  to  serve,  —  from  owners  of  ves- 
sels, who  were  more  anxious  tlieir  crafts  should  prove  profit- 
able investments  than  they  were  in  the  preventing  of  the 
spread  of  disease  ;  from  stevedores,  who  were  willing  to  jeop- 
ardize the  lives  of  their  men  in  the  holds  of  infected  vessels, 
and  in  the  handling  of  disease-poisoned  merchandise ;  and 
from  boarding-house  runners  and  scalawags,  who  would  risk 
any  thing  to  satiate  their  desires  to  plunder  the  "green-horn," 
and  bleed  the  open-hearted  sailor.  All  these  the  health-offi- 
cer met  with  a  firmness  that  knew  no  yielding.  He  was 
there  to  prevent  the  spread  of  disease ;  and  effectually  he  ac- 
complished that  end  by  the  enforcement,  rigidly,  of  the  rules 
his  experience  taught  him  were  essential,  even  though  some 
of  them,  at  times,  appeared  harsh  and  even  oppressive. 

When  he  assumed  the  control  and  management  of  the 
quarantine,  there  were  absolutely  no  provisions  made  for  the 


PROM    WAR   TO    I'KSTILENCE.  65 

effectual  carryiDg-out  of  tlie  purposes  of  quarantine.  There 
was  but  one  lioating  hos[)ital,  and  this  vessel  was  in  a  leaky 
and  decidedly  bad  condition.  There  were  no  proper  resi- 
dences for  the  health-officers,  and  no  wharves  for  the  dis- 
charging of  cargoes,  and  no  warehouses  for  tlie  cargoes,  if 
discharged,  during  fumigation.  To  wait  for  another  session 
of  the  Legislature,  before  active  operations,  was  not  in  the 
nature  of  Dr.  Swiidjurne.  He  held  as  a  motto,  "  To  be  fore- 
warned is  to  be  fore-armed,"  and  not  only  immediately  com- 
menced arranging  for  any  emergency  that  might  arise,  but 
devoted  himself  to  even  a  more  searching  diagnosis  of  the 
fever  that  threatened,  as  well  as  making  the  most  minute 
and  thorough  analysis  of  its  nature,  growth,  and  the  causes 
from  which  it  emanated,  so  that,  in  the  event  of  its  arriving 
at  quarantine,  he  would  know  on  the  moment  what  to  do, 
and  when  and  where  to  do  it.  His  quarantine  resources 
were  less  than  limited  and  adequate,  for  in  reality  there 
were  none.  Yet  when  the  season  arrived,  and  the  yellow- 
fever  made  its  appearance  at  quarantine  from  the  infected 
ports,  with  a  larger  number  of  vessels  arriving  from  them 
than  in  any  previous  season,  the  health-officer  was  prepared 
to  meet  it  so  effectively  that  not  a  single  case  passed  quaran- 
tine. 

The  commissioners,  in  their  report  to  the  governor  that 
year,  stated,  that,  on  entering  upon  the  discharge  of  their 
duties,  they  found  that  nothing  had  been  done  towards  the 
establishing  of  the  quarantine,  contemplated  by  the  act  of 
1863,  and  found  the  health-officer  destitute  of  means.  The 
floating  hospital  ship  which  had  been  provided,  and  in  use 
for  five  years  previous,  for  the  reception  of  persons  sick  with 
yellow-fever,  was  found  in  a  leaky  condition,  requiring  ex- 
tensive repairs.  With  their  report,  they  submitted  to  the 
governor  the  report  of  the  health-officer,  asserting  that  it 
contained  so  much  valuable  information  that  it  should  be 
presented  in  full.  His  Excellenc}',  in  submitting  the  report 
to  the  Legislature,  accompanied  it  with  a  memorandum,  stat- 
ing "  that  it  was  replete  with  information  regarding  the 
various  diseases  which  came  under  the  health-officer's  obser- 


66.  A   TYPICAL   AMERICAN. 

vatirn  and  inquiry,  and  abounded  with  valuable  suggestions 
affecting  the  sanitary  and  commercial  interests  of  the  city 
and  State." 

In  that  first  report,  Dr.  Swinburne,  as  health-officer,  pre- 
sented a  number  of  suggestions  and  recommendations  with 
reference  to  the  erection  of  hospitals,  warehouses,  wet  docks, 
and  floating  hospitals,  as  well  as  the  necessity  for  a  better 
system  of  police  regulations,  all  of  which  were  carried  into 
effect  during  his  administration.  He  treated  the  subject  of 
yellow-fever  in  a  manner  that  allayed  much  of  the  apprehen- 
sion and  fear  entertained  with  reference  to  the  disease,  and 
afforded  a  feeling  of  safety  such  as  had  not  been  enjoyed 
before.  Of  the  fever,  he  said,  "  The  malignancy  of  this 
disease,  which  but  a  few  years  ago  was  regarded  as  an  in- 
curable plague,  has  at  length  been  compelled  to  yield  to 
the  power  of  medical  science.  The  origin,  nature,  habits, 
and  peculiarities  of  this  infection  have  at  length  become  so 
thoroughly  understood,  that  we  are  now  enabled  to  guard 
against  the  extension  of  its  poisonous  effects  with  a  certainty 
of  results  almost  as  definite  and  fixed  as  that  attendant 
upon  the  care  and  cure  of  any  other  disease." 

While  during  some  of  the  previous  years  the  infection  had 
been  carried  on  shore,  and  communicated  to  vessels  in  port, 
and  in  some  instances  had  afterwards  raged  in  a  most  fearful 
manner,  not  a  single  instance  of  this  kind  occurred  during 
the  season  of  1864,  the  first  that  Dr.  Swinburne  was  in 
charge  of  the  quarantine  as  health-officer. 

In  1865  there  was  no  diminution  in  the  danger  of  being 
infected  with  yellow-fever,  still  prevalent  in  many  ports,  with 
the  means  to  check  the  disease  at  quarantine  still  in  a  crude 
condition,  and  far  from  what  was  deemed  actually  necessary 
in  the  discharge  of  the  duty  to  which  the  health-officer  was 
assigned.  But  again  he  was  equal  to  the  demands  upon 
him,  and  exhibited  that  unconquerable  spirit  which  he  so 
often  displayed  in  civil  and  military  life  ;  and  knowing  that 
to  delay  was  dangerous,  and  that  procrastination  is  the  thief 
of  time,  he  was  able  to  meet  the  disease  at  the  opening 
of  the  season,  and  again  successfully  blockade  it  at  quaran- 


FROM   "WAR   TO   PESTILENGE.  67 

tine.  During  that  season  two  hundred  and  tliirty  vessels 
arrived,  from  ports  infected  with  yellow-fever.  On  board 
fifty-three  of  these  vessels,  tliere  were  two  hundred  and 
forty-six  cases.  All  these  Avere  quarantined,  inspected, 
cleansed,  and  fumigated,  and  the  disease,  so  far  as  that  year 
was  concerned,  as  completely  conquered  as  was  the  Rebellion 
the  same  year  by  the  Union  army  in  the  front ;  with  even 
grander  results,  for  not  a  case,  as  in  the  previous  year,  had 
passed  quarantine. 

So  universal  had  become  the  fame  of  this  health-officer  at 
this  critical  period,  that  it  won  for  him  plaudits  almost  as 
great  as  those  his  valor  on  the  field  had  called  from  the  press 
and  public.  Pleased  with  the  work  the  health-officer  had 
accomplished,  and  the  praise  that  was  being  bestowed  on 
him,  Gov.  Fenton,  under  date  of  Nov.  4  of  that  year,  ex- 
pressed his  pleasure  to  the  commissioners  in  these  words  :  "  I 
am  glad  to  know  that  the  health-officer,  Dr.  Swinburne,  has 
attracted  honorable  mention  in  the  discharge  of  the  responsi- 
ble duties  of  his  position^  and  that  he  is  unwearied  in  his 
efforts  in  connection  with  your  board,  and  other  authorities 
of  the  city  of  New  York,  relating  to  the  sanitar}-  condition  of 
the  city." 

From  Washington  came  also  words  of  praise.  S.  K. 
Barnes,  surgeon-general  of  the  United-States  army,  in  writ- 
ing to  Gov.  Fenton,  said,  "  In  this  connection,  permit  me  to 
congratulate  you  upon  the  energy  and  efficiency  displayed 
by  your  health-officer,  Dr.  John  Swinburne,  and  to  express 
the  conviction,  that,  if  sustained  in  the  exercise  of  the  neces- 
sary precautionary  measures,  he  will  be  fully  equal  to  any 
emergency  that  can  now  be  anticipated." 

Such  words  of  approval,  coming  from  the  chief  executive 
officer  of  the  State,  and  from  the  head  of  the  medical  depart- 
ment of  the  United  States,  would  have  aroused  no  small 
degree  of  vanity  in  the  majority  of  mortals.  With  this 
matter-of-fact  but  eminent  physician,  they  elicited  no  further 
feeling  than  the  satisfaction  of  knowing  that  his  efforts  to 
do  his  duty  to  the  State  and  the  people  were  appreciated 
by  those  qualified  to  know  the  magnitude  of  the  work,  and 
the  results  attained. 


68  A   TYriCAL  AMERICAN. 

Again,  the  following  year,  the  commissioners,  in  submitting 
their  report,  deviated  from  the  established  custom,  among 
officials,  of  giving  a  mere  synopsis  of  the  health-officer's  re- 
port, and  transmitted  it  in  full.  They  said,  "  The  report 
of  the  health-officer  contains  much  valuable  information  in 
regard  to  the  principal  quarantinable  diseases  Avhich  have 
visited  our  port,  and  shows  a  most  gratifying  result  attend- 
ing the  administration  of  our  quarantine  system  during  the 
past  season.  It  is  replete. with  so  many  interesting  statistics 
and  practical  suggestions,  that,  notwithstanding  its  extreme 
length,  we  have  deemed  it  advisable  to  transmit  it  entire  to 
the  Legislature." 

The  health-officer,  in  his  report,  again  presses  the  absolute 
necessity  of  a  number  of  provisions  for  the  hygienic  treatment 
of  the  persons  who  arrive  at  quarantine  sick  with  disease. 
This,  like  all  other  reports  by  him,  is  not  confined  to  a  formal 
statement  of  facts,  of  expenditures  of  the  department,  and 
the  number  of  arrivals,  sick,  and  deaths,  but  is  accompanied 
with  a  minute  statement  of  his  observations  of  yellow-fever, 
and  the  conclusions  scientifically  arrived  at  after  investiga- 
tion, thus  affording  information  of  value  in  the  present,  and 
for  time  to  come.  In  this  connection  Dr.  Swinburne  said, 
"While  a  climate  may  be  generally  unfavorable  to  the  ex- 
tension of  disease,  yet  instances  are  not  wanting  where  places, 
for  years  exempt  from  disease,  have  become  infected :  for 
instance,  Newbern,  N.C.,  for  a  long  period  of  years  con- 
sidered one  of  the  most  healthful  ports.  During  the  year 
1864  it  became  infected  with  yellow-fever,  which  prevailed 
in  so  malignant  a  form  as  to  nearly  depopulate  the  town.  So 
with  Key  West,  never  infected  until  1862  ;  but  the  past  season 
it  has  been  the  most  malignant  port,  and  no  vessel  could 
touch  there  without  being  poisoned."  He  cited  the  case  of 
the  ship  "  Tahama,"  which  touched  there  on  June  12,  tak- 
ing no  cargo,  only  lauding  a  gun  ;  and  yet  in  four  weeks, 
while  in  a  northern  climate,  yellow-fever  was  discovered,  and 
within  seven  weeks  twenty-six  cases  had  occurred.  "  I  may 
safely  say,"  he  adds,  "with  the  exception,  perhaps,  of  1856, 
no  period  has  been  fraught  with  more  danger  to  the   port 


FROM    WAR   TO   PESTILENCE.  69 

and  harbor  of  New  York  from  infection  than  was  the  past 
season."  He  was  inclined  to  doubt  the  possibility  of  puri- 
fying vessels  infected  with  disease,  —  whether  by  frost,  fu- 
migation, or  otherwise,  —  without  the  absolute  discharge  of 
cargoes  therefrom.  He  recommended  proper  facilities  for 
the  purification  of  poisoned  goods,  especially  clothing,  etc., 
as  no  such  existed ;  and  all  kinds  of  expedients  were  resorted 
to,  to  accomplish  this  work. 

It  was  not  till  this  year  that  the  first  appropriation  was 
made  for  the  carrying-out  of  the  system  of  quarantine  islands 
and  hospitals,  as  recommended  in  two  previous  reports. 


CHAPTER   VI. 

A   QUARTET    OF   PI^GUES. 

Contending  with  Four  Plagues.  —  Cholera,  Small-Pox,  and  Yellow-Fever.  — 
Best  Quarantine  in  the  World.  —  A  Sleepless  Official.  —  Criminal  Consols, 

In  1866  the  trjdng  ordeal  began  in  earnest  when  we  were 
threatened  with  four  diseases,  —  the  Russian  plague,  cholera, 
yellow-fever,  and  ship-fever.  The  officials  at  quarantine  were 
then  like  a  traveller  in  a  mountainous  region,  standing  on 
the  edge  of  an  abyss  so  deep  and  dark  and  fearful,  that 
lie  shudders  to  look  down  into  the  chasm  ;  and  humanity 
recoiled  at  the  bare  thought  of  these  visitations,  so  terri- 
ble were  the  devastations  they  would  inevitably  cause  if 
once  landed  upon  our  shores.  The  times  and  circumstances 
demanded  a  peremptory  policy.  The  threatened  quartet  of 
plagues  created  a  necessity  for  immediate  action,  and  admit- 
ted of  no  negotiations,  postponements,  or  half-measures.  It 
was  then  that  the  experienced  scientist,  surgeon,  and  physi- 
cian proved  that  he  was  "  forewarned  and  fore-armed,"  by 
assuming  that  "  cholera  was  a  communicable  and  control- 
lable disease  ;  that  its  causes  are  not  in  the  atmosphere  ; 
that  it  accompanies  human  travel  and  human  traffic;  that  it 
progresses  at  the  rate  of  vessels  across  the  ocean,  and  never 
precedes  them  ;  that  it  is  transmitted  by  clothing  and  ef- 
fects as  well  as  passengers ;  that  it  never  appears  in  a  new 
locality  without  communication,  directly  or  indirectly,  with 
persons  and  places ;  and  that  it  may  be  arrested,  like  the 
plague,  by  an  absolute  quarantine  of  a  short  duration  :  "  find 
he  recommended  a  uniform  system  of  quarantine  throughout 
the  country  as  a  safe  and  sure  prevention.  That  his  con- 
stant searching  after  knowledge  had  eminently  fitted  liim  for 
the  suppression  of  the  scourge,  and  that  he  had  arrived  at 
a  perfect  diagnosis  of  cholera,  were  manifested  by  the  estab- 


A    QUARTET    OF    I'l.AfiUKH.  71 

lisliing  in  accordance  witli  the  principles  laid  down,  and  on 
the  recommendation  of  Dr.  Swinburne,  of  a  quarantine, 
which  the  commissioners,  eleven  years  afterwards,  when  Dr. 
Swinburne  was  engaged  in  another  field,  pronounced  "  the 
most  extensive  and  complete  quarantine  establishment  in  the 
world, — an  establishment  which,  perhaps,  properly  conduct- 
ed, affords  every  guaranty  against  the  inroads  of  pestilence 
which  hnman  experience  and  forethought  can  devise." 

Under  the  act  of  1863  there  was  contemplated  provision 
but  for  one  hospital ;  and  this,  between  the  1st  of  April  and 
the  1st  of  November,  was  to  be  appropriated  exclusively  to  the 
care  of  persons  sick  with  yellow-fever,  and  during  the  re- 
mainder of  the  year  might  be  used  for  the  care  of  typhus 
or  ship  fever.  The  only  direction  for  the  care  of  cholera 
patients  was,  that  they  "  shall  be  provided  for  by  the  com- 
missioners of  quarantine  in  such  manner  as  they  may  deter- 
mine, and  occasion  demand,  until  permanent  provision  shall 
be  otherwise  made  by  law."  This  law  gave  the  commis- 
sioners no  jurisdiction  over  any  land,  and  prevented  them 
from  exercising  an}^  over  Staten  Island,  Long  Island,  or 
Coney  Island,  and  over  no  land  contiguous  to  the  harbor 
except  over  New- York  City.  Neither  had  they  money  to  pro- 
vide any  means  for  caring  for  the  sick.  The  law  further  pro- 
vided, "  In  no  case  shall  persons  sick  with  different  diseases 
be  put  in  the  same  hospital ;  "  and  yet  there  were  none  others 
than  the  one  floating  hospital,  and  that  was  reserved  by  law 
for  the  sick  with  3^ellow-fever.  This  was  the  condition  of  af- 
fairs at  quarantine  when  "The  Atlanta"  arrived,  Nov.  2,  from 
London,  with  over  five  hundred  passengers  on  board,  with 
sixty  cases  of  cholera  during  the  passage,  sixteen  of  which 
proved  fatal.  Twenty-two  new  cases  were  found  on  arrival, 
and  twenty-one  other  cases  afterwards.  She  was  detained 
twenty-eight  days  at  quarantine.  Notwithstanding  the  prev- 
alence of  the  disease  upon  the  vessel  during  the  passage  and 
after  arrival,  in  consequence  of  the  precautions  taken  by  the 
health-oflficer,  no  cases  occurred  beyond  the  limits  of  the 
vessel. 

Under  these    circumstances,  the    health-officer.  Dr.  Swin- 


72  A   TYPICAL   AMERICAN. 

burne,  was  similarly  placed  to  the  Polish  Gen.  Bern  in  Tran- 
sj'lvania  during  Kossuth's  Hungarian  war.  In  that  country, 
Bern  found  not  a  single  fortress  in  the  hands  of  the  Hun- 
garians ;  but,  the  more  he  felt  their  importance,  the  more 
anxious  he  was  to  gain  possession  of  them.  Events  proved, 
that,  in  Kossuth's  selection  of  Bem  to  conquer  Transylvania, 
he  possessed  the  discernment  to  choose  the  most  able  man 
from  among  the  multitude ;  as  did  Gov.  Seymour,  when  he 
appointed  Dr.  Swinburne  health-officer,  prove  that  he  under- 
stood equally  the  impoitance  of  the  task  to  be  undertaken, 
and  who  would  be  the  proper  man  to  successfully  accomplish 
the  desired  end.  The  simile  between  these  two  eminent  men 
—  one  of  war,  and  the  other  of  health  and  preservation, 
both  patriots  —  is  striking.  Bern,  like  the  health-officer 
Dr.  Swinburne,  was  a  thorough  organizer  and  strict  disci- 
plinarian, making  no  distinction  because  of  social  standing 
among  his  troops ;  and  hence  it  was  that  the  young  sprigs 
of  nobility  preferred  service  in  other  corps,  where  more 
consideration  was  paid  to  their  pedigree.  Bem  was  pecul- 
iarly attached  to  the  artillery,  and  believed  in  meeting 
his  enemy  at  as  long  range  as  possible,  and  dealing  heavy 
blows  before  they  came  to  close  quarters.  But  when  the 
hand-to-hand  conflict  came,  he  was  ready,  as  was  shown 
when,  at  Rothenthurn  Pass,  with  his  small  army,  of  which 
the  Polish  corps  and  the  German  legion  were  the  flower,  he 
drove  the  Russians  in  the  wildest  flight,  and  routed  the  four 
Austrian  generals,  Puchner,  Pfarsman,  Graser,  and  Jovich. 
His  conquering  Transylvania  justified  the  confidence  of  Kos- 
suth, and  confirmed  the  reputation  he  had-  won.  With  Dr. 
Swinburne,  pedigree  had  no  weight;  and  he,  too,  believed 
in  meeting  his  enemies  at  as  long  range  as  possible,  and 
exterminating  them.  His  conquering  the  four  pestilences, 
and  saving  the  people  from  their  ravages,  justified  Gov. 
Seymour's  confidence,  and  confirmed  the  reputation  he  had 
won. 

So  grand  was  his  success  that  year,  that  Gov.  Fenton,  in 
his  message  to  the  Legislature  in  1876,  in  treating  of  the 
cholera  epidemic  of  the  previous  year,  said,  — 


A   QDARTKT   OF   T'LAfJUKS.  73 

"  Six  hundred  and  liRy-one  persons  liave  been  tieated 
under  (luaranline  since  the  facilities  were  provided.  The 
number  of  eases  on  vessels  during  the  passaf^n  and  after 
arrival  here,  is  estimated  at  two  thousand  ;  and  of  this  num- 
ber, at  least  one  thousand  have  died.  Jt  is  believed  that  few 
if  any  cases  of  eholeia  have  appeared  on  shore,  the  orif,Mii  of 
which  can  be  traced  to  the  sick  under  quarantine.  'J'his  is 
the  highest  testimony  in  favor  of  the  vigilance  of  the  health- 
officer." 

This  indorsement  from  the  highest  official  in  the  State 
was  a  tribute  of  esteem  a  less  eminent  and  capable  gentle- 
man than  the  then  health-officer  would  have  paraded  with  un- 
limited ostentation.  It  was  not  only  an  indorsement  by  the 
highest  official,  but  implied  the  inestimable  debt  of  gratitude 
every  resident  of  the  State,  whether  in  the  thickly  populated 
cities  or  in  the  smallest  hamlets  in  the  extreme  northern, 
western,  and  eastern  sections  of  the  State,  was  under  to  the 
vigilance  of  the  health-officer. 

In  his  report  for  that  year  as  health-officer.  Dr.  Swinburne, 
without  any  suspicion  of  self-laudation,  again  presses  the 
necessity  of  renewed  watchfulness  on  the  part  of  the  people, 
and  the  urgent  demands  for  proper  quarantine  facilities.  He 
said,  — 

"  Nearly  all  agree  that  cholera  is  contagious,  and  can  be 
quarantined  at  a  port  of  entry,  providing  the  proper  precau- 
tion as  to  non-intercourse,  isolation,  disinfection,  cleansing, 
etc.,  be  carried  out.  The  fact,  that,  with  the  ver}-  inefficient 
quarantine  facilities  now  afforded  us,  we  have  succeeded  in 
preventing  the  spread  of  cholera  upon  our  shores,  furnishes 
no  reason  for  supposing,  that,  with  the  same  accommodation, 
we  shall  succeed  as  well  in  like  endeavors  during  the  next  sea- 
son. From  our  knowledge  of  the  history  of  the  migratory 
conduct  of  the  disease,  it  is  safe  to  infer  that  the  visitations 
we  received  last  season  from  the  malady  are  premonitions  sent 
out  like  heralds  to  warn  us  to  prepare  for  its  more  severe  and 
powerful  approach.  As  the  falling  of  the  smaller  stones  and 
light  bodies  of  snow  from  the  mountain-side  are  but  the  fore- 
runners of  the  avalanche  which  suddenly  appears,  prostrating 
wide-spread  forests  and  populous  villages  in  its  course,  and 
distributing  devastation  and  death  for  miles  around,  so  these 
instances  of  infected  vessels  approaching  our  harbors  may  be 


74r  A   TYPICAL   AMERICAN. 

the  precursors  of  sucli  an  extended  increase  of  their  class, 
during  the  coming  season,  as  will  require  all  the  improvements 
which  the  State  can  furnish,  and  all  the  vigilance  and  skill 
which  science  can  supply,  to  enable  us  to  prevent  the  due 
infection  from  invading  our  shores,  spreading  through  the 
land,  and  visiting  every  hearthstone  with  affliction  and  death. 
'  Forewarned  is  fore-armed,'  should  be  an  axiom  for  worthy 
action  in  every  case.  If,  after  observing  it  in  this  instance, 
the  great  Providence  who  is  the  dispenser  alike  of  life  and 
death  should  arrest  the  approach  of  this  terrible  destroyer, 
and  turn  it  from  our  shores,  we  shall  have  yet  the  consola- 
tion of  knowing  that  we  have  done  our  whole  duty ;  and  if, 
in  his  wisdom,  he  may  yet  permit  it  to  come  upon  us,  we 
shall  be  at  least  prepared  to  do  all  Ave  can  to  weaken  its 
attack,  subdue  its  effects,  and  confine  its  march." 

The  report  of  the  commissioners  for  1863  gave  the  arrival 
of  eighteen  vessels  in  port  infected  with  cholera.  On  these, 
six  hundred  and  two  persons  were  sick  on  arrival,  at  or  dur- 
ing detention  at  quarantine,  of  whom  two  hundred  and  forty- 
two  died,  —  a  mortality  much  less  than  that  which  attended 
the  disease  in  Europe,  and  greatly  below  that  which  occurred 
among  the  passengers  of"  The  England"  while  under  quaran- 
tine at  Halifax.  The  commissioners,  in  speaking  of  Dr.  Swin- 
burne as  health-officer  in  that  trying  state  of  affairs,  said,  — 

"  The  floating  hospitals  owned  by  the  State  would  accom- 
modate less  than  eighty;  yet  at  one  time  he  had  to  have  ac- 
commodation for  upwards  of  one  hundred  and  twenty,  while 
over  fourteen  hundred  persons  who  had  been  exposed  to  the 
disease  on  shipboard  were  to  be  provided  for  in  some  more 
suitable  place  of  detention.  In  view  of  the  means  for  the  care 
and  treatment  of  the  sick,  the  commissioners  regard  the 
results  as  truly  wonderful,  and  speak  volumes  in  praise  of  the 
healtli-officer.  Dr.  Swinburne." 

They  added,  — 

"  The  health-officer,  in  his  report,  has  paid  a  truthful  and 
graceful  tribute  to  the  services  rendered  by  those  who  were 
charged  with  the  care  and  treatment  of  the  sick,  but  mod- 
estly omitted  to  state  the  share  which  he  bore  in  looking  after 
and  alleviating  the  sufferings  of  the  sick,  and  affording  aid 
and  consolation  to  the  friends  of  the  dead.  Charged  by  law 
with  duties  which  oftentimes  required  him  to  be  in  attend- 


A   QUARTET    OF    I'I>AGUK.S.  76 

ance  upon  the  Mctroi)o]itan  Board  of  Health,  or  at  tlie  of- 
fice of  the  coniniissioiiors,  and  at  the  same  time  to  be  at  his 
post  at  the  boarding-station,  or  among  the  sick  in  tiic  hiwer 
bay,  he  seemed  ahnost  omni])resent.  No  duty  within  bis 
power  to  perfbrm  was  neglected,  and  he  looked  after  all  under 
his  care  with  a  sleepless  vigilance  which  seemed  to  kiirjw  no 
fatigue,  and  experienced  no  relaxation  while  any  thing  le- 
mained  to  be  done.  What  was  said  of  him  by  a  writer  in  de- 
scribing the  services  rendered  by  Dr.  Swiid)urne  as  a  sui-geon 
during  the  peninsular  cain[)aign  in  the  late  Ivcbellion,  might 
be  said  of  him  in  reference  to  his  labors  under  quarantine." 

They  quoted  ;  — 

"  Of  this  man  I  cannot  speak  in  terms  of  too  high  praise. 

He  was  thoughtless  of  himself,  foio'etful  even  of  the  wants  of 
....  .  .  ft 

nature,  untiring  in  his  labors,  uniting  to  the  highest "ourage 

of  man  the  tenderness  of  a  woman  and  the  gentleness  of 
a  child.  lu  that  terrible  hour  when  other  surgeons  were 
worn  out  and  exhausted,  no  labor  appeared  to  diminish  his 
vigor.  After  days  of  toil,  and  nights  of  sleeplessness,  he  was 
as  fresh  and  earnest  as  though  he  had  just  stepped  forth  from 
a  night  of  quiet  sleep.  And  while  others  became  impatient, 
and  had  to  escape  from  those  scenes  to  seek  repose,  he,  oper- 
ating for  hours  at  a  time,  found  relaxation  and  refreshment 
in  going  from  tent  to  tent,  counselling  the  surgeons,  advising 
the  nurses,  and  speaking  words  of  cheer  to  the  wounded  and 
the  dying." 

The  latter  portion  of  that  part  of  the  commissioners'  report 
quoted  is  from  a  volume  of  reminiscences  by  the  Rev.  Dr. 
Marks  of  Pennsylvania,  and,  although  quoted  on  a  previous 
page,  is  repeated  here  simply'  to  demonstrate  the  high  esteem 
in  which  he  was  held  by  every  honest  man  wdth  whom  he 
came  in  contact,  whether  strangers,  or  acquaintances  of  years, 
and  because,  if  the  commissioners  deemed  this  tribute  from 
one  of  another  State  worthy  of  incorporation  in  a  necessaril}' 
limited  report,  it  is  valuable  enough  to  incorporate  here. 

In  1867  yellow-fever  was  more  destructive  and  wide-spread 
than  at  any  previous  period.  That  year  two  hundred  and 
thirty-five  vessels  arrived  in  the  port  of  New  York  from  six- 
teen ports  infected  with  the  disease,  and  five  hundred  and 
seventy-three  vessels  from  infected  and  doubtful  ports  were 
detained  at  quarantine  for  examination.     During  the  year, 


76  A  TYPICAL   AMERICAN. 

one  hundred  and  fifty-two  vessels  were  quarantined  for  sick- 
ness, with  one  thousand  and  thirty  cases  on  board,  of  which 
three  hundred  and  eight3^-four  died.  Twenty-eight  of  these 
vessels  had  small-pox  on  board,  to  which  sixteen  thousand 
six  hundred  and  eighty  persons  had  been  exposed.  Of  these, 
twelve  thousand  nine  hundred  were  vaccinated  in  quaran- 
tine ;  and  only  four  cases  of  sickness  of  any  kind  in  the  met- 
ropolitan district  could  be  traced  to  infection  from  this  large 
number  of  arrivals. 

Between  the  18th  of  June  and  the  5th  of  November,  1869, 
two  hundred  and  eleven  vessels  arrived  from  infected  ports, 
twenty-seven  of  which  had  sickness  on  board.  Nearly  all 
had  cargoes  of  a  character  calculated  to  carry  and  retain  the 
seeds  of  infection.  On  board  these  twenty-seven  vessels, 
ninety-two  persons  were  sick  with  yellow-fever  in  the  ports 
of  departure,  of  whom  forty-six  died.  Sixty  other  cases  oc- 
curred during  the  passage,  twenty-one  of  these  proving  fatal. 
The  same  vessels  had  twenty-five  cases  of  other  diseases 
on  board.  "  These  statistics,"  said  the  commissioners,  "  are 
scarcely  without  a  parallel  in  the  same  brief  time  in  the  his- 
tory of  quarantine  ;  and,  in  view  of  past  experience,  it  seems 
hardly  credible  that  all  of  the  dangers  attending  the  arri- 
val of  so  many  infected  vessels  could  have  been  confined  to 
the  limits  of  quarantine.  Yet  the  commissioners  are  not 
aware  that  a  single  case  of  yellow-fever  occurred  on  shore 
during  this  season ;  and  so  little  publicity  was  given  to  the 
fact  of  the  arrival  of  so  large  a  number  of  vessels  from  in- 
fected ports,  that  no  uneasiness  was  at  any  time  excited  in 
the  public  mind." 

In  their  report  for  1870,  the  commissioners  said,  — 

"  Although  that  terrible  disease  which  has  become  an 
annual  visitor  to  our  shores  found  a  large  number  of  victims 
among  those  engaged  in  our  commerce  with  tropical  parts 
during  the  past  summer,  our  citizens,  happily,  escaped  its  rav- 
ages. The  scourge  of  cholera,  which  made  the  years  1866 
and  1867  memorable  in  the  history  of  quarantine  in  the  port 
of  New  York,  sought  its  victims  in  other  climes.  The  tide 
of  emigration  has  continued  without  diminution,  but  has 
been  unattended  with  the  introduction  of  any  foreign  pesti- 


A    QUARTET   OT<^    IT.AOUEH.  77 

lence  to  excite  the  apprehensions  of  the  public.  Many  who 
enjoy  the  quiet  of  their  own  firesides,  and  are  exempt  from 
the  visitation  of  pestilence,  care  little  to  inquire  to  whom 
they  are  indebted  for  such  exemption.  Resting?  in  fancied 
security  amidst  the  luxuries  of  their  own  lionies,  they  little 
dream  that  they  are  surrounded  1)y  j)erils  which  hourly 
threaten  to  bring  foreign  contagion  to  their  doors,  and  they 
fail  to  appreciate  the  sleepless  vigilance  which  protects  them 
from  the  approaching  danger." 

The  season  of  1869  was  the  last  that  Dr.  Swinburne  was 
in  charge  as  health-officer;  but,  during  the  period  he  held 
that  position,  he  accomplished  a  work,  and  established  a  quar- 
antine system,  and  facilities  to  suppress  disease,  which  will 
remain  as  monuments  to  his  scientific  and  executive  abilities 
long  after  the  present  generation  shall  have  ceased  to  be 
actors  in  the  great  drama  of  life,  and  the  curtain  been 
rung  down  on  the  last  scene.  Many  who  are  prominent  to- 
day will  enjoy  but  a  brief  career  of  eminence,  and  be  only  as 
chimerical  delusions,  rapidly  coming  to  the  front,  and  as 
rapidly  vanishing  from  memory  ;  while  the  name  of  Dr.  John 
Swinburne,  because  of  his  great  achievements  in  this  and 
other  walks  of  life,  will  be  ingrafted  in  the  pages  of  history 
among  those  who,  while  living,  made  the  world  greater,  and 
whose  memory  will  sparkle  for  generations  to  come,  throwing 
on  the  future  a  reflection  and  splendor  of  achievements  as 
brilliant  and  far-reaching  as  the  rays  of  a  setting  sun  that 
bathe  and  beautify  the  western  horizon. 

One  of  the  greatest  obstacles  with  which  he  had  to  con- 
tend as  health-officer,  in  his  struggles  with  the  plague  of  chol- 
era, was  the  avarice  and  deceit  of  traders  and  other  nations, 
and  the  culpable  neglect  of  our  consuls  abroad.  Most  all  the 
vessels  arriving  at  the  port  of  New  York  during  the  cholera 
epidemic,  from  the  countries  where  it  raged,  had  clean  bills 
of  health  ;  and  in  but  few  instances  did  the  consuls  give  any 
official  intimation  of  its  existence.  During  the  prevalence 
of  the  disease  in  Paris,  no  official  notice  of  its  existence 
there  was  received ;  and  in  1867,  when  whole  villages  in 
Germany  were  being  depopulated  b}^  its  ravages,  vessels 
arrived  from  all  the  German  ports  with  clean  bills  of  health. 


78.  A   TYPICAL   AMERICAN. 

In  contending  with  these  diseases  at  quarantine,  Dr.  Swin- 
burne, as  health-officer,  was  enabled  by  his  scientific  ability 
and  deep  research,  in  addition  to  the  construction  of  the 
artificial  islands,  to  arrive  at  a  clear  and  definite  knowledge 
of  the  diseases  with  which  he  had  to  deal,  and  thus  was  en- 
abled to  transmit  valuable  information  to  the  profession.  He 
thoroughly  demonstrated  that  neither  the  vessel  nor  the 
cargo  carried  the  poison  of  either  cholera,  small-pox,  or  ship- 
fever,  bat  that  the  personal  effects  of  passengers  did.  In 
cholera  the  greatest  amount  of  contagion  came  from  excre- 
tions. The  bulkhead  of  a  vessel  separating  the  second-class 
passengers  from  the  steerage  passengers,  and  between  their 
respective  water-closets,  where,  for  instance,  they  were  sick 
in  the  steerage  with  cholera,  and  free  from  it  in  the  cabin, 
was  sufficient  to  prevent  the  contagion  from  spreading.  Of 
the  nature  of  yellow-fever,  he  discovered  that  the  hold  of  a 
vessel,  with  its  bilge-water,  induced  the  disease  in  persons, 
and  that  vessels  lying  at  docks  infected  with  yellow-fever 
poisoned  the  district  and  the  inhabitants.  An  important  dis- 
covery touching  this  disease  was  that  persons  with  clean 
clothing  might  be  sick  with  yellow-fever  in  any  place,  and 
those  around  them  not  be  affected,  and  that  their  vomit  and 
defections  were  not  dangerous.  In  other  words,  he  held  that 
the  well  might  sleep  with  the  sick,  under  circumstances  of 
cleanliness,  without  danger  of  infection.  He  further  came  to 
the  conclusion  that  dead  bodies  did  not  infect  or  propagate  the 
disease,  and  that  the  same  was  true  regarding  clean  vessels 
and  clean  cargoes. 

By  the  superseding  of  this  gentleman,  for  partisan  reasons, 
the  State  was  the  loser  in  a  sanitary  as  well  as  financial 
point,  as  was  proven  afterwards.  In  1870  and  1871  a  number 
of  ports  with  which  our  commerce  was  being  carried  on  were 
suffering  from  an  epidemic  of  small-pox;  and  from  these  ports 
the  infection  was  brought  to  the  city  of  New  York,  where 
in  1870,  the  first  year  after  Dr.  Swinburne  left  quarantine, 
there  were  two  hundred  and  ninety-three  deaths  from  this 
disease.  The  next  year  (1871)  there  were  eight  hundred 
and  five   deaths,  —  the   largest   record  from   small-pox  in  a 


A   QUARTET   OF  PLAQUES.  79 

century,  the  next  largest  being  six  liundred  and  eighty-one, 
in  1853. 

Jackson  S.  Shultz,  president  of  tlie  Board  of  Health  of 
New-York  City,  of  which  Dr.  Swinburne  was  an  ex-officio 
member,  said  in  substance,  at  a  dinner  given  on  his  (Shultz) 
retiring  from  that  ofiQce,  that  the  Metropolitan  Hoard  of 
Health  had  not  accomplished  as  much  in  two  years  as  he 
exj)ected  it  would  in  one  month,  and  that  the  quarantine 
under  Dr.  Swinburne  had  been  the  only  successful  branch 
connected  with  the  board. 


CHAPTER  VII. 

HONEST  AND   FAITHFUL. 

An  Odious  Comparison.  —  Artificial  Islands.  —  Corruption  in  Quarantine.  —  A 
Political  Trick.  —  Bleeding  the  State. 

Comparisons,  while  not  always,  are  often  odious,  at  least 
to  some  of  the  parties  brought  into  comparison  ;  and  while 
there  is  no  desire  to  resurrect  the  misdeeds  of  men  who  have 
passed  away,  or  who  are  long  since  no  longer  prominent,  it 
is  seemingly  necessary,  that  for  a  better  appreciation  of  Dr. 
John  Swinburne's  honesty,  integrity,  and  ability  as  a  health- 
officer,  his  administration  should  be  contrasted  with  that  of 
some  of  his  successors ;  and  it  is  to  be  regretted  that  in  the 
comparison  the  distinction  is  so  marked  as  to  make  him  ap- 
pear a  giant  along  side  of  a  pygmy,  to  at  least  one  of  his 
successors  and  traducers,  scientifically  as  a  physician,  morally 
as  a  man,  and  in  integrity  to  the  people  and  the  State  as  an 
official.  The  comparison  is  so  odious  that  it  must  necessarily 
create  some  ill  will  and  anger,  although  it  would  be  impossi- 
ble to  paint  it  in  colors  that  would  do  justice,  or  describe  it 
in  language  in  any  way  adequate  to  convey  the  great  differ- 
ence. Ill  feeling,  however,  will  only  come  from  those  who 
dare  not  publicly  den}^  and  have  no  defence. 

In  drawing  this  comparison,  it  is  well  to  state  that  the 
commissioners,  a  board  under  whom,  the  doctor  had  never 
served,  six  years  after  his  retirement,  in  their  report  to  the 
Legislature  in  1876,  said,  — 

"  Any  apprehensions  entertained  at  the  beginning  of  the 
year,  that  Asiatic  cholera  would  again  make  a  lodgment  in 
our  bay,  have  not  been  realized :  indeed,  as  one  season  after 
another  passes,  and  the  ravages  of  the  once  deadly  scourge 
are  averted,  there  is  an  increasing  confidence  in  the  ability 
of  the  quarantine  authorities  to  at  all  times  arrest  its  prog- 


IIONKST    AND    FAITilFUL.  81 

resa  at  tlie  p^ate  of  ilio  rruiiropDlis.  Wliile  it  is  uncertain 
what  a  yoar  may  l)viii<^  forth,  tlinro  are  now  seemingly  some 
grounds  for  this  growing  confidence.  We  have  unrjuestion- 
ahly  liere,  in  the  harbor  of  New  York,  tlie  most  extensive  and 
complete  quarantine  establishment  in  the  world,  —  an  estab- 
lishment which,  properly  c(mducted,  affords  every  guaranty 
against  the  inroads  of  jjcstilenee  which  human  exj)erience 
and  forethought  can  devise.  It  is  true  tliat  the  artificial 
island  system  necessitated  heavy  expenditures,  yet  the  since 
low  rate  of  cholera  mortality  bears  striking  testimony  to  the 
wisdom,  of  our  predecessors." 

Prior  to  the  appointment  of  Dr.  Swinburne,  the  quaran- 
tine facilities  had  been  located  on  the  mainland,  to  which 
the  people  were  violently  opposed,  going  to  such  extremes 
as  to  destroy  the  buildings  used.  When  the  health-officer 
proposed  the  erection  of  the  two  artificial  islands  in  the  bay 
for  quarantine,  the  celebrated  New- York  engineer,  Craven, 
declared  the  scheme  eutopian,  impracticable,  and  simply  im- 
possible of  carrying  out.  He  was  consulting  engineer  to  the 
health-officer,  and  was  the  projector  of  the  Croton  Water- 
works, and  chief  engineer  of  the  works  up  to  the  time  of  his 
death.  When  the  work  was  well  under  way,  and  no  longer 
a  question  of  doubt,  Mr.  Craven  declared  it  was  the  grandest 
piece  of  engineering  skill  of  the  age.  The  upper  island  w^as 
nameti  Hoffman's  Island  by  the  commissioners,  in  honor  of 
the  governor  under  whose  administration  it  was  constructed ; 
and,  by  act  of  the  Legislature,  the  lower  island  was  named 
Swinburne  Island  Hospital.  These  artificial  islands,  con- 
structed in  accordance  with  the  recommendation  of  Dr.  Swin- 
burne, were  the  first  of  that  nature  ever  undertaken. 

In  1872,  two  years  after  Dr.  Swinburne's  time,  what  was 
known  as  West  Bank  Hospital  was,  b}'  an  act  of  the  Legisla- 
ture, "  hereafter  to  be  known  and  designated  as  Swinburne 
Island  Hospital,"  in  honor  of  the  efficient  officer  who  had 
established  it.  For  two  3'ears  after  this  enactment.  Dr.  Van- 
derpoel  persisted  in  calling  the  island  West  Bank ;  and  it 
was  not  until  the  Legislature,  by  a  resolution  twice  adopted, 
unanimously  insisted  on  the  island  being  named  as  the  Legis- 
lature had  directed,  —  ''Swinburne  Island  Hospital,"  —  that 


82  A   TYPICAL   AMERICAN. 

the  commissioners  were  able  to  compel  the  health-officer  to 
comply  with  the  law.  Dr.  Vanclerpoers  attorney  has  since 
stated  that  that  official  had  agreed  with  Gov.  Dix,  that,  if  he 
would  re-appoint  him  health-officer,  the  island  should  be 
named  Dix  Island.  The  governor  fulfilled  his  part  of  the 
agreement,  but  the  health-officer  was  prevented  by  the  Legis- 
lature from  carrying  out  his  part. 

The  islands,  as  sliown  in  the  illustration,  are  Swinburne 
Island,  with  Hoffman  Island  farther  up  the  bay,  and  Staten 
Island  in  the  background.  The  two  islands  are  of  the  same 
size  and  construction,  with  the  exception  of  the  buildings. 
Swinburne  Island  is  located  on  the  lower  bay,  about  two  and 
a  half  miles  south  of  Fort-Thomjjkins  Lighthouse  at  the  Nar- 
rows, and  about  two  and  a  third  miles  from  the  Elm-Tree 
Lighthouse  on  Staten  Island.  The  foundation  is  hexagon  in' 
form,  two  of  the  sides  being  two  hundred  and  sixty  feet  in 
length,  the  other  four  one  hundred  and  sixty-one  feet.  The 
exterior  of  the  crib-work  is  thirty  feet  in  width  at  the  base, 
twenty  feet  at  the  top,  and  twenty  feet  in  height,  and  is  con- 
structed of  large  timbers  firmly  fastened  together  and  filled 
with  small  stones,  the  whole  surrounded  by  a  riprap  of 
heavy  stones.  The  superficial  area  of  the  structure  is  about 
two  acres,  while  the  area  at  the  base  of  the  riprap  is  over 
three  acres;  the  extreme  length  at  the  top  being  five  hun- 
dred and  four  feet,  and  two  hundred  and  twenty-eight  feet 
in  width.  To  construct  the  island,  nine  thousand  cubic  feet 
of  timber  were  required,  and  seventeen  thousand  cubic  yards 
of  stone  in  the  riprap,  five  yards  of  stone  to  fill  the  crib, 
and  fifty-six  thousand  four  hundred  j^ards  of  sand  to  fill  the 
space  enclosed  by  the  crib-work. 

On  Swinburne  Island  there  are  eight  hospitals,  each  eighty- 
nine  feet  long,  twenty-four  feet  wide,  and  twelve  feet  three 
inches  from  floor  to  ceiling,  and  all  connected  by  a  covered 
corridor.  To  supply  the  island  with  fresh  water,  there  are 
twenty-two  cisterns,  capable  of  holding  forty-four  thousand 
gallons  of  water;  the  whole  of  the  buildings  being  lighted 
with  gas  manufactured  on  the  island  from  gasolene. 

The  contract  bid  for  the  carrying-out  of  this  experiment, 


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li 


JIONEST    AND    FAITHKUL.  88 

never  before  tried  in  any  harbor,  was  $310,618,  and  no  more 
tlum  that  anKjunt  was  paid. 

In  Chapter  733,  "  Laws  of  the  State  of  New  York,  1872," 
it  was  enacted,  "  And  the  lower  of  the  West  Bank  Islands, 
built  under  the  direction  of  Dr.  Swinburne,  shall  hereafter 
be  known  and  designated  as  Swinburne  Hospital  Island." 

One  of  Dr.  Swinburne's  successors,  persisting  in  calling  the 
island  Dix  Island,  and  publishing  diagrams  of  the  island  with 
that  name  in  his  reports,  and  also  in  the  first  volume  of  the 
"Report  and  Papers  of  the  American  Health  Association," 
published  in  1873,  the  Hon.  Mr.  Vedder,  on  Jan.  23,  1874, 
offered  the  following  in  the  Assembly:  — 

Whereas  It  is  provided  and  declared  in  and  by  Chapter 
733,  Laws  of  1872,  that  the  lower  of  the  West  Bank  Islands, 
built  under  the  direction  of  Dr.  Swinburne,  shall  hereafter  be 
known  and  desigiuited  as  Swinburne  Island  Hospital;  and 

Whereas  The  health-officer,  in  his  report  to  the  commis- 
sioners, in  their  report  to  the  Legislature  for  said  year,  in 
disregard  and  defiance  of  said  legislative  provision  and 
declaration,  did  refer  to  and  designate  said  hospital  other- 
wise than  by  its  true  name,  thus  tending  to  produce  confu- 
sion in  the  records  of  the  State  ;  and 

Whereas  The  Legislature  at  its  last  session,  by  joint  reso- 
lution of  the  Senate  and  Assembly,  did  direct  that  the  said 
report  of  the  commissioners  and  health-officer  should  be  so 
amended  by  striking  out  the  name  given  by  them  to  said 
hospital  in  said  report,  inserting  in  place  thereof  its  correct 
statutory  name,  and  also  directed  that  in  all  reports  and 
papers  said  island  should  be  designated  as  Swinburne  Island 
Hospital ;  and 

Whereas  The  said  health-officer  and  commissioners,  in  fur- 
ther disregard  and  defiance  of  said  legislative  provision  and 
declaration,  have,  in  their  annual  report  for  the  year  1873, 
just  submitted  to  the  Legislature,  again  ignored  said  statu- 
tory name  of  said  hospital,  and  have  therein  designated  the 
same  b}^  a  name  of  their  own  selection,  not  sanctioned  by 
law :  therefore 

Resolved  (if  the  Senate  concur)  That  the  said  last-men- 
tioned reports  be  forthwith  returned  by  the  clerks  of  the 
Senate  and  of  the  Assembly  to  the  commissioners  of  quaran- 
tine and  said  health-officer,  and  that  they  cause  the  same  to 
be  amended  bj'  striking  out  said  unauthorized  name  of  said 
hospital  in  said  reports  wherever  the  same  occurs,  and  insert- 


84  A   TYPICAL   AMERICAN. 

ing  in  place  thereof  the  name  given  to  said  hospital  in  and 
by  the  hiw  aforesaid,  and  tliat  they  return  the  same  to  the 
Senate,  thus  amended,  within  ten  days  from  this  date. 

On  Jan.  9,  Mr.  Prince,  from  the  Committee  on  the  Judi- 
ciary, to  whom  was  referred  the  resolution,  reported  in  favor 
of  the  passage  of  the  same,  which  report  was  agreed  to ;  and 
on  Feb.  3  the  resolution  was  reported  as  engrossed. 

On  March  18  the  resolution  was  adopted  by  a  vote  of 
sixty-seven  in  favor,  to  seven  against. 

The  cost  of  this  island,  with  the  hospital  thereon,  was  four 
hundred  and  ten  thousand  dollars.  The  enacting  by  law,  at 
this  time,  that  in  the  great  port  of  New  York  there  should 
be  a  "  Swinburne  Island,"  was  an  unusual  honor  to  bestow 
on  a  man  who  had  never  aspired  to  political  fame  or  prefer- 
ment, and  was  intended  as  a  mark  of  esteem  that  should  be 
enduring,  and  become  world-wide  in  reputation.  It  was 
voluntarily  bestowed  on  the  man  who  had  conceived  and 
executed  such  a  perfect  safeguard  to  the  State,  because  of 
his  faithfulness  and  honesty  in  the  discharge  of  a  duty 
affording  such  Opportunities  to  plunder  the  people  at  large, 
and  the  mercantile  interests  of  the  State  of  New  York  in 
particular.  During  his  term  in  the  office,  every  report  of  the 
commissioners  contained  eulogies  of  the  most  complimentary 
nature  of  the  health-ofScer  ;  and  these  but  expressed  the 
views  of  the  officials  of  the  State  in  high  positions,  who  were 
the  guardians  of  the  mercantile  and  commercial  interests  of 
the  city  of  New  York,  and  of  the  interests  of  the  people  at 
large. 

To  peruse  the  reports  during  the  period  when  Dr.  Swin- 
burne was  health-officer,  and  then  for  a  number  of  years  after 
he  retired,  is  like  being  suddenly  transformed  from  the  genial 
warmth  of  a  balmy,  invigorating  day  in  June,  into  the  cold, 
dismal,  and  chilly  breezes  of  a  dark  December  night,  —  the 
first  abounding  in  praises  of  Dr.  Swinburne :  and  the  other 
charging  others  prominent  afterwards  in  the  same  respon- 
sible position  with  defiance  of  law;  trickery  in  plundering 
the  State  of  large  amounts  of  money  ;  swindling  the  shipping 
interests  of  the  city,  and  the  commerce  arriving  in  New-York 


HONEST    AND    FAITHFUL.  86 

harbor;  using  the  State  steamers  for  the  collection  of  whip 
news  in  tiie  interest  of  the  associated  press,  making  no  re- 
turn of  the  moneys  received  to  the  State,  and  recommend- 
ing the  attorney-general  tf)  institnte  an  action  for  the  recov- 
ery of  the  same  ;  illegally  collecting  fees  from  merchants  for 
"  medical  attendance,  and  transporting  the  sick  ;"  the  "divert- 
ing "  of  money  appropriated  by  the  Legislature;  and  the 
withholding  of  money  due  the  employees  of  quarantine  and 
others. 

If  the  quarantine  established  by  Dr.  Swinburne,  and  the 
commissioners  working  in  unison  with  him,  saved  the  people 
from  plague,  some  of  their  successors  determined  that  they 
would  be  worse  than  seven  plagues  in  plundering  the  State 
treasury,  and  all  with  whom  they  had  dealings.  The  virtues 
of  one  man  are  better  understood  when  placed  in  contrast 
with  the  disreputable  acts  of  another,  as  the  fragrance  of 
the  rose  is  enjoyed  after  the  senses  have  been  attacked  with 
the  odor  of  Mephitis.  In  1880,  when  the  people  began  to 
realize  how  they  had  been  plundered  during  the  last  dec- 
ade, it  was  a  consolation  to  review  the  transactions  at  quar- 
antine for  the  previous  decade,  and  feel  the  assurance  that 
all  men  intrusted  with  great  public  interests  were  not  rec- 
reant to  their  duties,  nor  faithless  to  the  people. 

In  their  report  in  1877,  the  commissioners  said,  — 

"  When  the  supply  bill  of  1870  was  printed  and  made 
public,  not  a  little  surprise  was  caused  by  the  discover}'  of 
a  clause  which  transmitted  the  power  of  appointing,  dismiss- 
ing, selecting,  and  licensing  to  the  health-oflfieer.  There- 
upon followed  the  organized  exactions  down  the  bay,  which 
became  such  a  terror  to  our  mercantile  interests  during  the 
seasons  of  1870  and  1871." 

Under  the  general  law  of  1863,  the  commissioners  had  this 
power,  and,  as  they  were  ignorant  of  the  changes,  the  natural 
deductions  are,  that  they  were  effected  at  the  instance  of  the 
then  health-oflfieer.  Dr.  Carnochan,  by  means  only  those  con- 
versant with  the  manipulations  of  the  lobby  at  Albany 
understand,  whose  "interests"'  in  such  affairs  are  alwaj-s 
for  those  who  have  "  designs,"  and  are  secured  by  "  circum- 


86    .  A   TYPICAL   AMERICAN. 

stances."  By  this  change  it  is  apparent  "in  what  a  hurry 
some  persons  were  to  become  rich  "  as  soon  as  an  honest, 
fearless  man  was  out  of  the  way,  Dr.  Swinburne  being  then 
in  Europe.     The  same  report  said,  — 

"  When,  in  1866,  the  law  was  passed  providing  for  the 
building  of  the  artificial  islands,  it  associated  the  mayors  of 
New  York  and  Brooklyn  with  the  commissioners  of  quaran- 
tine in  their  construction.  In  1873  a  five-line  clause  in  the 
appropriation  bill  wiped  out  the  connuission,  and  transferred 
all  its  powers  and  funds  to  the  then  health-officer,  Dr.  Van- 
derpoel,  making  him  the  construction  board." 

To  effect  such  an  unprecedented  and  outrageous  proceed- 
ing, there  was  unquestionably  sinister  motives  to  secure 
a  collusion  necessarily  fraught  with  such  dangers  as  this 
one  was,  and  opening  avenues  to  plunder.  Such  a  power 
Dr.  Swinburne  never  asked,  and  it  is  doubtful  whether  any 
honest  man  would  covet  it.  By  the  statements  of  the  com- 
missioners themselves,  who  M'ere  in  political  sympathy  with 
Dr.  Vanderpoel,  and  not  with  Dr.  Swinburne,  the  State 
had  reason,  as  did  the  merchants  of  New- York  City,  and 
the  owners  and  masters  of  vessels  arriving  in  New  York,  to 
mourn  the  change  that  had  been  made  from  good  to  bad, 
and  from  bad  to  horrible. 

The  intention  and  purpose  was  to  have  no  portion  of  the 
quarantine  on  the  mainland  except  the  burying-ground  ;  and, 
to  this  end,  buildings  for  the  rcbidence  of  the  health  and 
other  ofBcers  were  erected  on  Hoffman  Island. 

Of  these  islands  and  quarantine,  the  commissioners  said, — 

"  The  year  which  closes  with  the  date  of  this  report  has 
witnessed  the  completion  of  the  new  hospital  on  West  Bank 
(Swinburne  Island).  It  may  be  justly  regarded  as  one  of 
the  most  important  and  successful  undertakings  ever  entered 
upon  by  the  State.  The  magnitude  of  the  structure,  and 
the  obstacles  which  have  been  encountered  in  its  erection, 
have  been  very  little  understood  by  the  public;  and  but  few 
know  the  extent  of  the  provision  which  has  been  thereby 
made  for  the  care  of  the  unfortunate  victims  of  disease  who 
are  brought  to  our  shores." 

When  these  were  completed,  the  Legislature,  in  1873,  when 


HONEST    AND    FAITHKI'I..  87 

it  centralized  all  power  in  tlie  liealth-ofTicer,  appropriated  a 
hundred  and  twenty  thousand  (h)llar.s  for  new  grounds  and 
residences  for  the  health-officer  and  his  assistants  upon  Stateu 
Island;  and  Hoffman  Island,  with  its  three  massive  brick 
buildings,  became  solely  a  place  of  detention  for  well  pas- 
sengers ;  and  thus  property  costing  the  State  at  least  four 
hundred  thousand  dollars,  and  how  much  more  is  not  known, 
became  practically  of  no  benefit.  ]n  1876  and  1877  the 
commissioners  suggested  that  the  quarantine  residence  and 
connecting  property  on  Staten  Island,  which  had  cost  the 
State  a  hundred  and  seventy  thousand  dollars,  be  sold,  and 
the  headquarters  of  quai'antine  be  transferred  back  to  Hoff- 
man Island,  where  the  original  intent  was  to  establish  them. 
Certain  it  was  that  to  have  every  part  of  quarantine  as  far 
from  populated  districts  as  possible  was  a  wise,  humane,  and 
judicious  scheme;  and  no  other  motive  than  the  supplying  of 
jobs  could  have  been  tlie  foundation  for  having  a  new  resi- 
dence erected  on  the  mainland. 

Dr.  Swinburne's  successor,  Dr.  J.  M.  Carnochan,  in  his 
report  for  1870,  said, — 

"  The  completion  of  the  new  hospital  at  West  Bank  (Swin- 
burne Island )  has  removed  one  of  the  greatest  defects  in  the 
quarantine  establishment  at  the  port  of  New  York.  The  old 
hospital  ship,  which  had  been  in  use  since  tlie  destruction  of 
the  quarantine  buildings  on  Staten  Island,  beside  being  ill 
suited  to  the  care  and  treatment  of  the  sick,  had  accommoda- 
tions for  a  very  limited  number  of  patients,  and,  Avhen  over- 
crowded, was  no  doubt  greatly  detrimental  to  the  lives  and 
health  of  the  patients,  attendants,  and  nurses  who  were 
obliged  to  remain  in  the  poisoned  atmosphere  of  a  crowded 
vessel.  The  value  and  importance  of  the  new  hospitals,  and 
their  adaptation  to  the  necessities  of  quarantine,  were  fully 
apparent  in  the  ejiidemic  on  Governor's  Island,  to  M"hieh  I 
have  already  referred.  They  afforded  means  for  the  prompt 
removal  and  isolation  of  the  sick  from  the  vicinity  of  the  city 
to  a  place  where  they  were  surrounded  witli  every  comfort. 
While  the  new  hospital  at  West  Bank  may  be  considered  one 
of  the  most  important  additions  that  could  have  been  made 
to  the  quarantine  establishment,  it  is  not  less  necessary  that 
the  other  structures  intended  as  a  place  of  detention  for  those 
who  have  been  exposed    to   contagious   and   infectious   dis- 


88  A   TYPICAL   AMERICAN. 

eases  should  be  completed  without  delay.  .  .  .  There  is  no 
doubt  that  in  previous  years  many  valuable  lives  have 
been  sacrificed  for  the  want  of  a  place  to  which  those  who 
had  been  exposed  to  infection  or  contagion  during  the  voy- 
age could  have  been  transformed  immediately  upon  their 
arrival   at  quarantine." 

And  in  his  next  report  he  adds,  — 

"  The  present  quarantine  hospital  at  West  Bank  has  an- 
swered admirably  the  purpose  for  which  it  was  intended, 
and  may  be  justly  regarded  as  the  most  important  addition 
which  could  have  been  made  to  the  quarantine  establishment. 
The  pure  air  of  the  lower  bay,  the  perfect  ventilation  of  the 
hospitals,  as  well  as  the  care  and  attention  bestowed  upon 
the  sick,  have  all  combined  to  promote  their  recovery  and 
convalescence ;  and  it  is  not  too  much  to  say  that  during  the 
year  many  lives  have  been  saved  which  formerly  would,  no 
doubt,  have  been  sacrificed." 

This  gentleman's  term,  which  for  reasons  it  was  thought 
would  be  of  benefit  to  the  State,  was  limited  to  two  years, 
and  the  appointment  of  Dr.  S.  Oakley  Vanderpoel  followed. 
Of  this  official,  the  commissioners,  after  five  years'  inter- 
course with  him,  said, — 

"  So  long  as  the  remuneration  of  the  health-officer  is  left 
to  exactions  upon  commerce  in  the  shape  of  fees,  just  so  long 
will  he  seek  to  retain  as  large  a  portion  of  the  fees  as  possi- 
ble for  himself,  and  pay  out  as  little  as  possible  for  the  State; 
and  if  the  keeping  of  the  quarantine  establislunent  in  re- 
pair is  to  be  thus  left  to  his  generosity,  or  to  his  biassed 
sense  of  its  necessities,  it  will  not  be  long  before  the  State 
property  will  go  to  ruin." 

During  the  three  years  following  the  administration  of  Dr. 
Swinburne,  when  first  Dr.  Carnochan  and  then  Dr.  Vander- 
poel were  the  incumbents,  there  was  an  annual  expenditure, 
amounting  in  the  three  years  to  $110,000,  for  the  health- 
officer's  residence,  grounds,  furniture,  etc.,  —  an  amount  ex- 
ceeding the  entire  appropriation  for  quarantine  for  the  two 
years  of  1864  and  1865  under  Dr.  Swinburne. 

In  referring  to  the  property  at  Clifton,  Staten  Island,  —  for 
the  purchase  of  which,  and  the  erection  of  buildings  thereon, 
the  Legislature  in  1873  made  the  appropriation,  —  the  commis- 


HONEST   AND   FAITHFUL.  89 

sioners  intimate,  iliat,  after  the  ainoiiiit  ;ii)])i()j)i-iat('(l  was  ex- 
pended, the  th(Mi  health-olTicei's  (Dr.  VaiidiMpoel^  interest  in 
keeping  his  residence  in  good  condition  vanished,  and  his 
ardor  cooled.  They  report  in  1878,  "Since;  tlien  (1875)  the 
commissioners  have  expended  little  or  nothing  npon  these 
gronnds ;  and,  inasmuch  as  the  health-officer  has  devoted  no 
portion  of  his  revenues  to  keeping  up  tlie  property,  it  is  in  a 
dilapidated  condition."  About  two  hundred  feet  of  the  sea- 
wall fronting  the  grounds  had  been  undermined,  and  fell, 
owing  to  the  removal  by  the  health-officer  of  gravel  between 
it  and  low-water  mark,  to  cover  the  walks  around  his  resi- 
dence, at  a  loss  to  the  State  of  over  $2,000. 

Twice  during  his  term  was  Dr.  Vanderpoel  the  subject  of 
investigation  by  legislative  committees,  —  in  1873  and  1876. 
And  at  these  investigations  it  was  developed,  "  that  in  1873, 
while  the  duties  of  health-officer  had  greatly  fallen  off,  the 
expenses  of  quarantine  had  nearly  doubled,  being  over 
$70,000  a  year ;  that  the  expense  of  furnishing  the  health- 
officer's  house,  and  of  paying  the  quarantine  employees,  had 
been  laid  on  the  State  instead  of  on  the  health-officer;  that 
the  expenses  had  risen  from  $60  per  patient  in  1866,  to 
$1,500  per  patient  in  1872 ;  that  the  services  rendered  to 
vessels  by  the  quarantine  tugboats,  the  revenue  from  which 
should  have  been  turned  over  to  the  State  treasury  instead  of 
into  the  health-officer's  pocket,  was  reduced  by  Dr.  Vander- 
poel one-half ;  that  over  $600,000  had  been  spent  in  partly 
finishing  one  of  the  islands  in  the  lower  bay,  when  $160,000 
was  ample  to  complete  both  islands ;  that  the  State  was 
made  to  pay  over  $20,000  per  year  for  steamboats  used  in 
examining  vessels,  which  should  have  been  paid  out  of  the 
health-officer's  own  fees ;  and  that  the  employees  of  the 
State  were  utilized  in  fumigating  vessels  (the  fees  of  which 
amounted  annually  to  a  very  handsome  competency),  making 
the  State  pa}^  $20  per  week  for  a  fishing-yacht,  'Gertrude,' 
besides  charging  the  commissioners  of  emigration  $75  per 
month  for  allowing  their  agent  to  use  a  quarantine  boat  in 
going  on  board  emigrant  vessels  as  a  boarding-officer."'  In 
the  investigation  of  1876   it  was  claimed   that  the  health- 


90-  A    TYPICAL   AMERICAN. 

officer,  Dr.  Vanderpoel,  had  by  some  means  secured  appro- 
priations amounting  to  $702,000,  of  which  1690,000  had  in 
some  way  been  spent  for  liis  benefit;  and  tliat  1139,000, 
phiced  at  his  disposal  for  the  construction  of  quarantine 
islands  and  buildings,  had  not  been  accounted  for;  that  he 
had  used  the  State  tug  "  Fenton"  to  collect  ship  news  from 
incoming  vessels,  receiving  therefor  i4,000  a  year,  which  was 
pocketed,  and  by  this  speculation,  five  men,  who  formerly  did 
this  work,  were  thrown  out  of  employment,  and  their  families 
tlius  deprived  of  support ;  and  that  for  the  use  of  the  yacht 
"  Gertrude,"  worth  but  -$2,500,  the  State  was  charged  $5,000 
per  year ;  that  the  State  wells,  engines,  and  machinery  in 
pumping  water,  which  was  sold  at  $20  per  month,  had  been 
used  without  proper  credit;  that  twenty-five  tons  of  hay  had 
been  mowed  in  the  burying-ground,  and  the  money  for  which 
it  was -sold  retained;  and  that  also  anchors,  chains,  etc.,  had 
been  sold  in  the  same  way. 

During  the  administration  of  Drs.  Carnochan  and  Vander- 
poel, it  was  repoited  that  $760,000  had  been  expended  to 
complete  the  buildings  and  facilities  at  quarantine;  but  all 
there  was  to  show  for  the  expenditure  of  this  heavy  amount, 
in  further  improvements  than  those  completed  by  Dr.  Swin- 
burne, was  a  boarding-station  on  Staten  Island,  worth  less 
than  $20,000,  and  three  brick  buildings  on  Hoffman  Island, 
which  could  have  been  constructed  for  less  than  $30,000, 
much  of  the  $700,000  mysteriouslj^  disappearing  under  the 
administration  of  the  "new  construction  board,"  or  one-man 
management,  —  a  natural  result  where  a  scrupulous  scientific 
officer  of  executive  ability  was  removed  to  make  room  for 
one  lacking  in  these  requisites  as  a  public  officer. 

There  was  nothing  of  this  nature  ever  intimated  against 
Dr.  Swinburne,  who  persistently  refused,  while  health-officer, 
to  handle  one  dollar  of  the  State  moneys,  insisting  that  the 
commissioners  of  quarantine,  and  the  construction  board, 
were  the  proper  parties  to  handle  the  funds  ;  and  therein  lays 
the  sequel  why  one  health-officer  possibly  grew  so  rich  in  a 
short  time,  while  the  other,  after  many  years  of  arduous  duty 
in  the  same  position,  retired  comparatively  poor,  he  having 


FIONEST    ANF)    FAITHFUL.  1)1 

exi)ei)(lc(l  over  |>00,000  of  liis  own  funds,  ;it  a  tiinf;  when 
gold  was  worth  from  two  Imndred  to  two  hundred  and  eighty, 
in  the  work  he  accomplished,  —  a  snm  for  which  tiic  State 
has  never  reiinhnrsed  liim.  Tiie  two  artificial  islands  sug- 
gested by  Dr.  Swinhnrne  were  completed  at  the  time  he  whs 
superseded  by  Dr.  Carnoehan.  On  Swinburne,  the  lower 
island,  all  the  buildings  were  erected,  furnished,  and  com- 
pleted with  the  exception  of  painting,  and  Hoffman  Island 
made  ready  for  the  buildings,  at  an  aggregate  cost  of  -iisTSO,- 
000.  When  this  scheme  was  proposed,  it  met  with  strong 
opposition  from  the  press,  some  of  them  styling  the  proposi- 
tion as  "Swinburne's  folly,"  and  for  a  time  from  tlie  Legis- 
lature, on  the  ground  that  the  outlay  would  amount  to  over 
$3,000,000  for  the  construction  of  this  stupendous  under- 
taking. These  two  islands  were  built  in  about  twent}^  feet 
of  water,  at  low-water  mark,  with  three  thousand  miles  of 
ocean  beating  against  them,  and  averaging  over  three  acres 
of  land  each.  Among  the  pajjers  to  oppose  the  undertaking 
was  the  "New- York  Herald,"  which  years  afterwards,  when 
the  cholera  was  discovered  among  the  troops  on  Governor's 
Island,  assured  the  public  that  ample  provision  for  the  sick, 
and  the  safety  of  others,  was  provided  in  the  "salubrious 
little  Swinburne  Island." 

In  their  report  dated  Jan.  31,  1876,  six  years  after  Dr. 
Swinburne,  the  suggester  and  propagator  of  the  scheme  for 
the  erection  of  artificial  islands  for  quarantine,  had  been 
superseded,  the  commissioners  said  of  Swinburne  Island 
Hospital :  — 

"  When  this  artificial  structure,  having  a  surface  base  of 
three  acres,  was  undertaken  below  the  IN  arrows,  many  were 
of  the  opinion  that  it  would  not  withstand  the  action  of  the 
tides  and  currents,  and  vast  bodies  of  ice  which  at  certain 
seasons  of  the  year  are  discharged  through  the  Narrows. 
These  fears  hav^e  not  been  realized.  With  some  repairs,  the 
foundations  of  the  island  are  as  firm  as  when  first  laid." 

To  recapitulate  briefly.  During  the  six  years  that  Dr. 
Swinburne  held  the  position  of  health-officer  of  the  port  of 
New  York,  the  appropriations  aggregated  ^861,027.19,  out  of 


92  A    TYPICAL   AMERICAN. 

which  was  expended,  on  the  ishmds  and  buildings,  $750,000, 
and  for  whicii  the  State  holds  that  amount  of  property,  with 
the  exception  of  certain  furniture  and  other  movable  articles, 
valued  at  $25,000,  supposed  to  have  been  spirited  away  by  the 
rats  since  1872.  For  the  succeeding  six  years,  under  Cai-no- 
chan  and  Vanderpoel,  the  appropriations  aggregated  $1,264,- 
478.16,  or  $403,450.67  in  excess  of  the  previous  six  years; 
and  for  this  outlaj'^  the  State  has  not  exceeding  fifty  thousand 
dollars'  worth  of  property. 

During  his  term  as  health-officer,  Dr.  Swinburne  was  but 
once  summoned  before  a  legislative  committee.  In  1868  com- 
plaint was  made  against  him,  and  a  committee  appointed  and 
instructed  to  investigate  the  office  of  the  health-officer  of  the 
port  of  New  York  relative  to  his  duties.  The  report,  after  a 
thorough  investigation,  was  submitted  March  18,  1868,  and 
not  only  exonerated  Dr.  Swinburne,  but  complimented  him 
on  his  open  frankness,  and  willingness  to  have  his  department 
investigated.  The  seven  members  of  the  committee  signing 
the  report  said,  "  Dr.  Swinburne  promptly  responded  to  the 
notice,  expressing  an  entire  willingness  that  his  official  acts 
should  be  subject  to  the  fullest  scrutin}^  and  investigation. 
Your  committee  proposed  such  general  inquiries  as  seemed 
to  be  necessary  to  elicit  such  information  as  would  enable 
them  to  determine  whether  there  were  any  abuses,  with 
the  administration  of  his  duties,  which  might  be  proper  sub- 
jects of  legislation.  That  the  answers  submitted  by  the  health- 
officer  to  these  inquiries  satisfied  your  committee  that  there 
were  many  burthens  imposed  upon  commerce  in  the  adminis- 
tration of  quarantine  in  the  port  of  New  York  which  very 
justly  form  the  subject  of  complaint  on  the  part  of  those  en- 
gaged in  it,  but  for  which  your  committee  is  satisfied  the 
health-officer  is  not  responsible." 

The  report  of  the  commissioners  for  last  year  (1884)  asked, 
in  view  of  the  threatened  appearance  of  cholera  on  our  shores, 
for  an  appropriation  of  $24,500  for  quarantine ;  and  the  New- 
York  papers  pertly  remarked,  "  Give  them  the  money,  and 
call  back  the  old  officials,"  —  a  very  natural  request  where 
the  health  of  the  people  is  in  great  danger,  and  one  which 


HONEST    AND    FAI'I'IIFUL.  93 

illuistnites  that  even  political  journalists  believe  at  tinies  in 
the  doctiino  of  "the  survival  of  the  fittest"  when  the  health 
of  the  people  is  in  iuiniiuent  daii^^er.  And  one  of  the  leading 
journals  of  New  York,  in  connnenting  on  the  request,  said, 
"Give  them  the  appropriation,  and  then  call  back  some  of 
the  old  quarantine  officials,"  —  a  very  direct  recommenda- 
tion of  Dr.  Swinburne,  and  the  commissioners  with  whom  he 
acted  w^hen  the  country  was  before  threatened  with  cholera. 
The  health-officer,  in  his  report  last  year,  said, — 

"There  is  a  saying  that  'like  causes  jjvoduce  like  effects.' 
If  this  adage  is  necessarily  true,  then  cholera  will  certainly 
secure  a  lodgment  at  some  place  in  our  country  in  the 
near  future.  The  same  causes  which  have  existed  on  other 
occasions  of  this  dreaded  disease's  approach  to  our  shores 
doubtless  exist  now.  It  is  the  same  disease  that  has  decimated 
our  population  in  times  past.  We  have  held  the  same  and 
greater  commercial  intercourse  with  the  stricken  peoj)le  in 
many  localities.  An  immigration  has  existed  for  the  year 
past,  and  still  continues,  far  in  excess  of  that  which  obtained 
during  any  previous  invasion  of  cholera. 

"  But,  if  like  causes  operate  now  to  produce  like  results, 
those  causes  are  better  understood  than  formerly.  The  sani- 
tation of  ships  is  more  intelligently  conducted,  at  least,  tiian 
in  the  earlier  visitations  of  the  diseases.  The  agents  believed 
to  act  as  germicides  or  disinfectants  are  better  understood. 
The  cleansing  of  ships,  and  the  disinfection  of  cargoes  and 
baggage,  are  more  thorough  and  efficient,  because  the  agents 
employed  can  be  more  easily  manipulated,  moi-e  readily  con- 
trolled, and  therefore  successfully  applied.  Hence  there  is 
reason  to  hope  that  the  disease,  if  not  controlled  where  it 
has  already  developed,  will  be  arrested  at  our  maritime  quar- 
antines." 

The  condition  of  the  quarantine  of  New  York  prior  to  the 
appointment  of  Dr.  Swinburne  and  the  removal  of  Dr.  Gunn 
may  be  inferred  from  an  editorial  in  the  "  American  Medical 
Times  "  of  Aug.  9,  1862  :  — 

"It  has  been  well  said  of  tlie  commissioners  of  health, 
that  they  'perform  the  same  relative  service  in  regard  to 
the  public  health  as  would  a  fifth  wheel  in  the  progression 
of  a  coach.'  The  principal  duty  assumed  by  the  health  com- 
missioners is  the  supervision  of  the   quarantine.     There    is 


94;  A    TYPICAL   AMERICAN. 

here  a  wide  field  for  useful  labor,  did  they  but  apply  them- 
selves industriously  and  conscientiously  to  the  interests 
committed  to  their  cliarge.  It  is  but  too  well  known  that 
gross  abuses  have  always  existed  in  the  manao-ement  of  our 
quarantine.  The  confidence  of  the  public  in  that  board, 
never  strong,  has  been  greatly  weakened  by  its  recent  action, 
which  sent  yellow-fever  afloat  in  this  community.  If  we  ac- 
cept the  intimations  of  the  '  Richmond-county  Gazette,'  this 
body  is  negligent  of  its  duties,  and  allows  the  quarantine  to 
be  so  managed  as  to  render  the  occurrence  of  an  epidemic 
of  yellow-fever  this  summer  not  improbable.  Vessels  are 
allowed  to  come  to  the  upper  quarantine  station  with  yellow- 
fever  on  board,  and,  immediately  after  the  removal  of  the 
sick,  the  vessel  has  discharged  its  cargo  at  our  wharves.  Tlie 
conviction  is  firm,  and  rooted  in  the  popular  mind,  that  all  of 
these  organizations  are  subservient,  not  to  the  public  interest, 
but  to  the  interests  of  individuals  or  of  party.  And  this  con- 
viction is  not  based  on  any  trivial  circumstance,  but  has  been 
the  growth  of  years  of  observation  of  the  grossest  official 
malfeasance.  They  have  seen  a  terrible  epidemic  approach 
the  city  with  steady  step ;  but  no  barrier  was  raised  to  stay 
its  progress,  because  the  proper  authority  did  not  care  to  call 
together  the  Board  of  Health,  justly  esteeming  the  latter  more 
dangerous  to  the  public  health  than  the  former.  It  will  re- 
quire something  more  than  mere  assertion  to  make  it  evident 
that  the  health  commissioners  do  little  else  than  give  official 
sanction  to  the  extortions  of  the  health-officer." 

In  another  article,  the  "Times,"  in  an  editorial  on  the  pros- 
pect of  health  reform  in  New  York,  said, — 

"Quarantine,  managed  for  the  pecuniary  benefit  of  the  few, 
is  become  a  formidable  obstruction  to  commerce,  but  a  ready 
method  of  introducing  epidemic  diseases  directly  to  the  city. 
Disease  of  every  form  and  variety  stalks  abroad  unchecked 
and  unrestrained  by  the  ignorant  and  corrupt  officials  who 
disgrace  the  health  department." 

The  "  Richmond-county  Gazette,"  in  1862,  in  commenting 
on  the  defeat  of  the  New- York  health  bill  by  the  Legislature, 
said,  — 

"We  don't  blame  Dr.  Gunn  so  much  as  Mr.  Opdyke,  if 
at  all,  seeing  that  he  had  a  motive  which,  leaving  supreme 
selfishness  out  of  the  question,  might  be  called  a  candid  one. 
His  pocket  was  in  interest  to  defeat  the  bill  for  at  least  an- 


HON  EST    AND    FAITHFUL.  95 

otlier  yciir,  should  liLs  good  luck  in  diawing  the  prize  of  rich 
office  continue  under  the  next  governor,  as  it  htiH  for  four 
years  under  the  j)resent.  Dr.  (iunn  woidd  have  received, 
under  the  bill,  about  -'110,000  for  the  year.  liy  its  defeat  he 
is  secured  in  $30,000  gross,  and  at  lea^t  *20,000  or  $25,000 
net  revenue." 

"To  put  the  right  man  in  the  right  place  would  be  a  novelty 
in  the  history  of  quarantine,"  said  the  "American  Medical 
Times."  That  was  exactly  what  Govs.  Seymour  and  Kenton 
did  in  appointing  Dr.  John  Swinburne,  as  the  history  of 
quarantine  before  and  after  his  term  as  health-officer  undeni- 
ably demonstrates.  That  the  right  man  was  in  the  right 
place  during  Dr.  Swinburne's  term,  was  attested  not  only  by 
the  reports  of  commissioners  years  after  liis  removal,  but  by 
the  Board  of  Health  in  1873,  wlien,  in  their  report  for  that 
year,  in  giving  the  death  and  sick  rates  of  the  metropolitan 
and  police  districts  of  New  York  for  the  year,  they  said  that 
in  1867,  18G8,  and  1869  it  fell  to  a  minimum  rarely  if  ever 
reached  in  that  city  ;  the  mean  riitio  for  these  three  years 
being  equivalent  to  about  26  in  1,000  annually,  in  a  total 
population  of  985,100,  while  in  1873  it  was  29,  in  apopuhition 
of  1,000,000.  During  that  period.  Dr.  Swinburne  was,  by 
virtue  of  his  office  as  health-officer,  a  member  of  the  Board  of 
Health,  and  during  1867  had  to  meet  small-pox,  cholera,  and 
yellow-fever  arriving  from  a  large  number  of  infected  ports. 
It  was  of  1869  that  the  commissioners  said,  "These  statistics 
are  without  a  parallel  in  the  history  of  quarantine,"  and  in 
1870  said,  "The  scourge  of  cholera  made  1866  and  1867 
memorable  in  the  history  of  quarantine." 

A  most  remarkable  instance  in  his  term  at  quarantine,  and 
illustrating  how  thoroughly  he  was  qualified  to  be  the  "  right 
man  in  the  right  place,"  was,  that  during  the  entire  time 
there  was  not  a  death  from  any  of  the  diseases  he  met  at 
quarantine  among  the  employees,  and  no  cases  of  sickness 
that  he  had  heard  of  coming  from  the  diseases,  notwithstand- 
ing it  was  their  duty  to  care  for  the  sick,  bury  the  dead, 
and  cleanse  and  fumigate  the  vessels  on  which  sickness  liad 
existed. 


CHAPTER     VIII. 

UNDER  TWO  FLAGS. 

Winning  Laurels  in  other  Lands.  —  Siege  of  Paris.  —  American  Ambulance. — 
Only  Successful  Surgeon.  —  A  Touching  Scene. — Always  at  the  Front. — 
Distinguished  Installation. 

The  change  of  scenes  in  the  great  drama  of  life,  in  which 
men  and  women  are  the  actors,  and  where  only  the  angels  are 
allowed  to  be  lookers-on,  passed  so  rapidly,  and  presented  in 
such  rapid  succession  this  remarkable  and  eminent  man  in 
the  leading  rdle^  that  one  is  almost  persuaded  to  believe  that 
the  presentation  is  the  production,  by  the  dramatist,  of  a 
mythical  character  drawn  from  the  imagination.  With  a  vast 
majority  of  human  beings,  the  excitement,  philanthropy,  and 
danger  attending  the  career  of  Dr.  Swinburne,  as  recited  in 
the  chapters  already  given,  would  have  been  sufficient,  in  the 
life  of  any  single  individual  of  the  most  thoroughly  patriotic, 
philanthropic,  and  American  impulses,  to  afford  material  for 
a  biography  replete  with  thrilling  incidents  and  eminent 
achievements.  But  the  events  following  those  already  recited 
furnish  a  still  more  intensely  notable  period,  eclipsing  any 
previously  enacted,  and  winning  again  for  him  a  crown  of 
glorj^  in  other  lands,  of  which  every  American  may  feel  justly 
proud. 

Among  the  galaxy  of  names  adorning  the  history  of  this 
nation  in  patriotism,  science,  the  arts,  and  literature,  a  page  is 
reserved  and  a  niche  provided  to  commemorate,  as  one  of  the 
most  brilliant,  the  fame  of  Dr.  John  Swinburne. 

Of  a  clear  night,  when  one  turns  the  eye  heavenward,  the 
vision  beholds  the  whole  arch  above  studded  with  stars, 
sparkling  as  so  many  diamonds,  each  reflecting  a  greater  or 
lesser  degree  of  brilliancy.  They  are  all  stars,  and  differ  only 
in  their  magnitude,  while  the  number  is  countless;  but,  of  all 


UNDKR   TWO    FLA(iS.  97 

these  constellations  and  celestial  bodies  moving  around  each 
other,  there  are  but  comparatively  few  sufTiciently  grand  to 
have  specially  called  the  attention  of  astronomers  and  the 
world.  Occasionally,  among  these  dwellers  in  ethereal  space, 
there  appears  a  comet,  whose  advent  is  a  matter  of  wonder- 
ment, and  whose  luminous  train  presents  a  magnificent  track 
over  which  it  has  passed,  obscuring  the  others.  More  bril- 
liant it  grows  as  it  approaches  its  zenith,  and  then  passes 
away,  leaving  an  enduring  remembrance  of  its  magnitude  and 
beauty.  So  it  is  with  the  dwellers  on  this  terrestrial  globe : 
some  reflect  no  beauty;  others,  but  a  scarcely  perceptible 
twinkling  ;  while  others  are  like  the  swift-darting  stars,  mov- 
ing from  one  point  to  another,  steadfast  as  the  sun,  and  whose 
lives  on  earth  leave  a  course  behind  them  as  brilliant  as  the 
comet,  and  as  clear  as  the  Milky  Way.  This  class  is  limited. 
Only  to  a  ver}^  few  is  it  given  to  attain  permanent  brilliancy, 
and  to  be  noted  almost  simultaneously  in  many  nations  and 
on  two  continents.  Among  this  class  we  believe  unwritten 
history  for  ages  to  come,  both  in  this  nation  and  in  Europe, 
will  enter  the  name  of  the  man  of  whose  valor  on  the  field  of 
battle  for  the  preservation  of  his  nation,  of  whose  eminence 
and  skill  as  a  physician  and  surgeon,  and  of  whose  scrupulous 
honesty,  executive  ability,  and  superior  science  in  a  great 
official  public  position,  we  have  been  reciting  a  few  incidents 
taken  from  actual  life,  and  not  drawn  from  imagination. 

Having  been  taken  a  prisoner  of  war,  witnessed  the  misery 
there  endured,  and  felt  all  the  gnawings  of  privation  and  hun- 
ger, it  would  be  but  natural  to  suppose  that  an  exercise  of  dis- 
cretion, said  to  be  the  better  part  of  valor,  would  prevent  him 
from  again  placing  himself  where  he  would  possibly  have  to 
re-endure  the  same  hardships.  Yet,  strange  and  anomalous 
as  it  may  appear,  this  skilled  physician  and  surgeon,  with  the 
recollections  of  his  last  military  campaign  as  a  prisoner  of 
war,  from  which  he  had  not  wholl}'  recovered,  and  but  re- 
cently relieved  from  official  duties  amidst  pestilence  and  dis- 
ease, voluntarily  enters  a  city  in  another  nation,  whose  walls 
were  being  surrounded  by  an  enemy,  to  give  by  his  skill  aid 
to  the  sick  and  wounded,  with  no  music  but  the  tramp  of 


98.  A  TYPICAL   AMERICAN. 

armed  hosts,  the  bellowing  of  cannon,  the  bursting  of  shell, 
and  the  shrieks  of  the  wounded  and  dying. 

When  superseded  as  health-officer  of  the  port  of  New  York, 
at  the  opening  of  the  reign  of  plunder  under  which  New- 
York  State  suffered  under  Tweed,  he  returned  to  Albany, 
the  city  of  his  former  residence,  where  he  met  with  a  recep- 
tion and  greeting  such  as  is  accorded  only  the  eminent  and 
great.  Among  the  first  to  give  him  a  cordial  greeting  was 
the  Albany  Medical  Society,  who,  to  reflect  public  sentiment, 
and  to  express  the  honest  feeling  of  the  profession  of  the 
county  at  an  official  meeting  on  Feb.  7,  1870,  unanimously 
adopted  the  following  preamble  and  resolution  :  — 

"  Whereas  This  society  has  been  informed  that  Dr.  John 
Swinburne  has  purchased  his  former  dwelling-house  for  the 
purpose  of  removing  his  residence  to  this  city  :  therefore 

"  Resolved  That  the  Albany-county  Medical  Society  has 
heard  with  pleasure  of  his  intended  return,  and  extends  to 
him  a  cordial  welcome,  and  that  the  president  and  secretary 
are  requested  to  write  him  a  letter  expressive  of  these  senti- 
ments of  this  society." 

At  the  time  of  the  adoption  of  this  resolution,  none  better 
understood  the  ability,  character,  and  standing  of  Dr.  John 
Swinburne  than  this  society  of  medical  men,  holding  all 
kinds  of  political  views ;  and,  when  the  letter  was  received 
by  him,  it  bore  the  signature  of  almost  every  member  of  the 
society. 

The  active  life  of  constant  professional  anxiety,  of  unre- 
mitting toil  and  excitement,  which  he  had  passed  through 
during  the  previous  decade,  had  necessarily  strained  his  ner- 
vous system  to  more  than  an  ordinary  tension  ;  and,  when  the 
hour  of  relief  arrived,  it  was  natural,  at  the  thought  of  re- 
sponsibility being  lifted  from  his  mind,  that,  nature  asserting 
its  rights,  he  should  desire  relaxation  and  rest  for  a  time;  and, 
seeking  a  change  of  scenes,  he  left  for  a  trip  through  Europe. 
But  the  fame  of  the  great  surgeon  and  physician  had  pre- 
ceded him ;  and,  soon  after  his  arrival  in  London,  he  was 
apprised  of  the  fact  that  his  skilful  services  in  the  cause  of 
humanity  were  as  anxiously  sought  in  the  Old  World  as  they 


UNDER   TWO    FLAGH.  99 

were  in  the  New.  A  new  theatre  of  action  was  opened,  upon 
which  he  entered,  tliat  gave  a  cliange  of  scenes  pre-eminently 
more  exciting  than  he  sought,  if  it  did  not  afford  the  recrea- 
tion and  rest  he  crossed  the  Atlantic  to  secure. 

At  this  period,  war,  with  all  the  horrors  the  doctor  so  well 
understood,  was  spreading  over  the  fruitful  valleys  and  along 
the  beautiful  rivers  of  France;  and  two  nationalities,  for 
whom  the  great  American  physician  and  surgeon  entertained 
a  feeling  almost  akin  to  that  he  felt  for  his  own  countrymen, 
were  slaying  each  other  in  bloody  conflict.  When  the  clouds 
of  war  were  gathering,  and  the  murmurs  were  portentous  of 
what  followed,  a  large  meeting  of  American  citizens  residing 
in  Paris  was  held  in  that  city  on  July  18, 1870,  when  it  was  de- 
cided that  they  as  non-combatants  would  organize  a  system  of 
"  Help  for  the  Wounded  of  All  Nations"  on  strictly  humanita- 
rian grounds,  and  elected  as  an  executive  committee  Thomas 
W.  Evans,  M.D. (president),  Edward  A.  Crane  (secretary ),Col. 
James  McKaye,  Albert  Lee  Ward,  and  Thomas  Pratt,  M.D. 
As  late  as  the  26th  of  August  neither  the  French  minister  of 
war  nor  the  representatives  of  foreign  governments  would 
guarantee  to  recognize  the  proposed  American  ambulance  at 
any  headquarters,  asserting  no  special  passports  could  be  ac- 
corded it,  and  adding  that  all  movements  made  by  the  ambu- 
lance must  be  at  its  own  risk  and  that  of  its  personnel. 
Besides  these  obstacles,  there  was  a  feeling  among  the  French 
soldier}^  that  all  foreigners  not  attached  to  some  branch  of 
the  French  army  were  Prussian  spies.  This  was  the  condition 
of  affairs  when  three  members  of  the  committee,  indorsed 
by  Minister  Washburn,  visited  London,  and  solicited  Dr. 
Swinburne  to  accompany  them  to  Paris  and  voluntarily  take 
charge  of  the  American  ambulance,  and  introduce,  for  the 
sake  of  humanity,  his  system  of  conservative  surgery  which 
had  proven  so  great  a  boon  daring  our  civil  war.  It  must, 
in  this  connection,  be  remembered,  that  every  service  to  be 
rendered  was  to  be  voluntary,  each  person  attached  to  the 
ambulance  bearing  all  his  individual  expenses.  Because  of 
discouragements,  the  zeal  in  the  movement  had  largely  sub- 
sided ;  but  on  the  appearance  of  the  committee  in  Paris,  ac- 


100  A   TYPICAL   AMERICAN. 

companied  by  Dr.  Swinburne,  a  new  vigor  was  infused  into 
the  movement,  and  it  was  restored  to  its  activity.  The  doc- 
tor, when  appealed  to,  did  not  stop  to  consider  the  merits  of 
the  questions  over  which  these  nations  were  exercised,  and 
which  they  were  endeavoring  to  settle  by  the  cruel  arbitra- 
ment of  war:  he  thought  only  of  the  sick  and  wounded, 
who  would  "  no  longer  be  soldiers,  but  men,"  and,  accepting 
the  call,  repaired  to  the  gay  capital,  a  city  of  excitement 
and  communism,  to  take  charge  of  the  American  ambulance. 
From  his  arrival  in  Paris  on  Sept.  7,  1870,  to  March  18, 1871, 
during  the  Franco-Prussian  war,  he  found  an  ample  field  for 
the  exercise  of  his  natural  promptings  of  humanity,  tender- 
ness of  feeling,  and  skilful  abilities,  all  of  which  he  exercised 
in  such  a  manner  as  to  win  not  only  the  praises  of  the  French 
themselves,  but  of  their  enemies  and  all  Europe,  and  to  be 
honored  with  a  rank  such  as  few  foreigners  were  ever  ac- 
corded by  the  French  Government. 

During  his  stay  there,  times  were  unusually  exciting,  even 
for  Paris :  the  empire  v/as  destroyed,  and  the  republic  estab- 
lished ;  the  cry  of  "  Vive  I'empereur!  "  turned  to  bitter  curses 
against  the  emperor  and  all  his  officers ;  and  the  air  was 
made  to  resound  with  the  cry,  "Vive  la  rdpublique!  A  bas 
I'empereur!"  "The  gayest  city  in  all  the  world"  became 
transformed  into  one  of  the  most  extreme  suffering,  the  resi- 
dents being  reduced  to  the  eating  of  horse-flesh  and  similar 
food.  In  the  winter  season  it  was  almost  impossible  to  pro- 
cure fuel,  the  inhabitants  dying  of  cold  and  starvation.  To 
these  sufferings  were  added  the  prevalence  of  small-pox.  No 
person  within  the  walls  of  Paris,  during  that  period  of  suffer- 
ing, lived  without  enduring  some,  if  not  all,  of  these  hard- 
ships, besides  being  constantly  subject  to  slaughter  by  a 
communistic  outbreak,  or  death  from  the  bursting  shells  con- 
stantly falling  in  the  city. 

From  the  closing  of  the  gates  on  the  18th  of  September,  to 
the  capitulation  and  surrender  in  January,  the  heroic  doctor 
was  ever  alert  and  at  work.  The  scenes  of  want  were  hor- 
rible and  beyond  description,  with  no  meat  or  solid  food 
to  eat  excep  horse-flesh  and  fat,  the  disagreeable  odor  which 


UNDER   TWO    FLAGS.  101 

it  gave  out,  while  cooking,  haunting  the  wliole  city.  Half 
the  northern  portion  of  the  city  had  been  transformed  into 
ambulances,  and  places  for  the  care  of  the  sick  and  wounded, 
the  Grand  Hotel  being  turned  into  a  huge  hospital.  The 
continuous  fall  of  shells  in  the  city,  often  bursting  among 
the  hos[)itals  and  ambulances,  killing  the  sick  and  wounded 
and  their  attendants,  was  a  trying  ordeal  for  the  non-com- 
batant volunteer  American  surgeon.  The  condition  of  that 
city  where  "our"  philanthropic  surgeon  was  performing 
voluntary  service  such  as  to  excite  the  wonder  of  the  people, 
and  the  admiration  of  the  profession,  may  be  faintly  surmised 
by  the  state  of  affairs  when  the  years  1870  and  1871  came 
together.  For  the  last  week  in  1870  there  were  3,280  deaths 
in  the  city,  not  including  those  in  the  hospitals,  which  were 
crowded.  From  400  to  500  deaths  were  caused  by  small-pox 
weekly,  while  typhoid-fever  and  bronchitis  were  causing  an 
equally  great  mortality.  At  that  time,  for  food,  the  butchers 
bought  large  dogs  at  from  200  to  300  francs  each,  smaller 
ones  bringing  proportionate  prices;  cats  varied  in  price  from 
9  to  25  francs  each  ;  and  a  pair  of  camels  sold,  for  food,  for 
4,000  francs. 

Dr.  Swinburne,  in  the  carrying-on  of  his  work  of  mercy, 
had  the  active  co-operation  of  his  countrymen  residing  in 
Paris,  and  for  his  assistants  chose  men  who  were  wholly 
ignorant  of  medicine  or  surgery,  but  who  were  in  financial 
circumstances  such  as  to  enable  them  to  devote  their  entire 
time  to  the  work,  and  bear  their  own  expenses.  His  chosen 
assistants  were  Frank  M.  O'Connell ;  J.  B.  B.  Cormack,  son 
of  the  physician  in  charge  of  the  English  hospital,  who 
desired  that  his  son  should  be  trained  by  the  great  Ameri- 
can surgeon  ;  Louis  Winfield,  a  brother  of  Lord  Powers  of 
Powerscourt,  Bray,  Ireland;  Gilead  Peet,  a  literar}'  student; 
Joseph  K.  Riggs,  a  brother  of  the  then  prominent  Washing- 
ton (D.C.)  banker,  and  Frank  Riggs,  a  nephew,  and  now 
banker  in  Washington,  D.C. ;  and  the  two  Bower  brothers, 
proprietors  of  an  establishment  for  the  preparation  and  sale 
of  chemicals  used  in  laboratories.  These  gentlemen  were 
absolutely  ignorant   of   the    methods    to   be    used   and    the 


102  A  TYPICAL   AMERICAN. 

services  to  be  rendered  by  them  in  this  new  and  voluntary 
field,  all  of  whom  rapidly  acquired  a  proficiency  in  the 
treating  of  fractures  and  gunshot  wounds,  and  the  dressing 
of  wounds,  thus  practically  illustrating  the  theory  of  Dr. 
Swinburne  in  therapeutics,  —  that  men  whose  minds  were 
free  from  the  old  established  rules  and  ethics  of  ancient, 
unenlightened,  and  traditional  surgery,  and  who  had  not  to 
exhaust  time  in  unlearning  what  they  had  studied,  became 
more  easily  better  assistants.  In  a  few  days  he  had  suc- 
ceeded in  making  better  assistants  of  these  gentlemen  than 
many  graduates  of  the  Hotel  Dieu,  the  greatest  and  oldest 
hospital  in  Paris,  after  years  of  training  in  the  dressing  of 
wounds,  —  a  fact  conceded  by  the  French  surgeons  and  the 
people.  Of  one  of  these  assistants,  Joseph  K.  Riggs,  a  writer 
quoted  by  Dr.  Evans  in  his  "  History  of  the  American  Am- 
bulance in  Paris,"  said,  — 

"  I  never  shall  forget  the  surprise  I  felt  on  the  yery  day  of 
the  affair  at  Chevilly,  at  seeing  Mr.  Riggs  in  the  operating- 
room,  assisting  Dr.  Swinburne,  then  engaged  in  amputating 
a  thigh,  and  that  with  all  the  sang-froid  of  a  veteran  sur- 
geon. Daily  accompanying  Dr.  Swinburne  in  his  visits,  he 
soon  qualified  himself  to  discharge  all  the  duties  of  a  sur- 
geon's assistant,  and  became,  perhaps,  the  most  expert  dresser 
in  the  ambulances." 

The  work  performed  at  the  American  ambulance  was  not 
done  in  secret,  and  the  eminent  surgeon  did  not  put  his  light 
under  a  bushel.  He  was  willing  that  all  who  were  ready  to 
profit  might  see  for  themselves,  being  particularly  willing, 
the  French  journals  said,  to  explain  to  the  profession,  and 
those  engaged  in  alleviating  pain,  this  simple  yet  grandly 
successful  system  of  conservation  in  surgery.  Among  the 
almost  daily  visitors  to  the  American  ambulance  were 
Minister  Washburn,  and  the  consul-general  for  the  United 
States,  Gen.  Reed.  Gens.  Burnside  and  Sheridan,  while  in 
Paris,  made  frequent  visits  to  the  ambulance,  expressing  the 
greatest  pleasure  at  the  successful  work  there  being  done. 
Almost  all  the  foreign  notabilities  who  were  admitted  into 
Paris  during  the  siege,  or  arrived  in  the  city  after  the  sur- 


UNDER   TWO    FLAGS.  108 

render,  heard  of  and  visited  this  aniljulance.  Among  other 
prominent  personages  who  honored  it  with  tiieir  presence  was 
the  Arcld)ishop  of  Paris  (I)arboy),  "who,  after  expressing 
his  sincere  thanks  to  tlie  skilful  surgeon  Dr.  Swinburne,  who 
performed  the  operations,  and  to  those  who  aided  him,  who 
brought  as  much  of  heart  as  of  science  to  this  generous  work, 
left,  after  blessing  all  the  tents,  and  the  gentlemen  connected 
with  them,"  says  "La  Semaine  Religieuse  de  Paris"  of  Nov. 
26,  1870. 

So  universal  had  become  the  renown  of  the  celebrated 
American  surgeon,  and  the  work  of  the  American  ambu- 
lance, that  it  seemed  all  Paris  was  desirous  of  paying  homage 
to  those  engaged  there  ;  and  it  was  no  uncommon  sight  to 
see  thousands  of  people  standing  in  the  avenues,  looking  in 
wonderment  at  the  row  of  tents,  one  eye-witness  stating  that 
the  Avenue  L'Impdratrice,  eight  hundred  feet  wide  and  three 
miles  long,  was  crowded  from  the  Arc  de  Triomphe  to  near 
the  Bois  de  Bologne  for  nearly  two  miles  every  pleasant  day, 
to  see  what  the  Americans  were  doing.  So  loud  were  the 
praises  bestowed,  that  the  attention  of  the  government  was 
directed  to  it,  and  it  became  the  object  of  many  official  visits, 
one  by  the  military  governor  of  Paris.  Of  this  visit,  says 
"Le  Petit  Moniteur"  of  Nov.  6,  "Last  Sunday  Gen.  Trochu 
visited  the  American  ambulance,  and  expressed  his  complete 
satisfaction  with  the  admirable  installation  of  the  dififereut 
services,  as  well  as  with  the  care  taken  of  the  wounded." 

After  the  close  of  the  siege,  and  the  declaration  of  peace 
between  Germany  and  France,  Dr.  Swinburne,  on  March  18, 
1871,  took  his  departure  from  Paris;  but  the  ambulance,  and 
the  gentlemen  he  had  trained,  remained,  and  did  noble  ser- 
vice in  the  era  of  blood  that  followed  and  deluged  that  city. 
Soon  after  his  departure  the  gates  of  the  city  were  again 
closed,  and  a  reign  of  terror  and  plunder  inaugurated  by  the 
nationalists  and  communistic  elements,  that  continued  with- 
out cessation  until  the  capture  of  the  city  by  the  govern- 
ment. Men  were  arrested,  and  shot  in  cold  blood,  as  was  the 
Archbishop  of  Paris,  whose  only  crime  was  his  exalted  posi- 
tion ;  churches  were  sacked,  the  services  stolen,  the  images 


104  A  TYPICAL   AMERICAN. 

desecrated,  and  dressed  in  attire  of  the  most  diabolic  and 
wickedly  brutal  nature  ;  and  priests  and  the  best  citizens 
were  thrown  into  prison.  Nothing  was  wanting  but  the  guil- 
lotine to  complete  the  horrors  of  this  barbarous  and  hellish 
state  of  affairs.  The  city  was  reduced  to  a  condition  of  ab- 
ject terror  in  which  no  man  was  safe  in  life  or  property :  the 
prisons  were  filled,  the  hospitals  crowded  with  the  sick  and 
the  wounded,  the  atmosphere  heav}^  with  the  shouts  of  wild 
and  maddened  men  and  women,  the  streets  red  with  human 
blood,  and  the  highways  and  public  buildings  mined,  and  pre- 
pared for  destruction ;  for  the  commune  had  declared  its  in- 
tention to  blow  up  and  set  fire  to  Paris  rather  than  surrender. 
All  avenues  of  escape  were  closed.  Provisions  were  again  run- 
ning short ;  and  M.  Theirs  had  declared  he  had  shut  up  the 
insurgents  to  perish  like  rats  in  their  holes,  while  they,  in 
turn,  had  declared  their  resolution  to  die,  if  need  be,  amidst 
the  remains  of  their  beautiful  city.  One  scene  in  this  carni- 
val of  death  between  the  forces  in  the  streets  of  Paris,  and 
the  part  the  ambulance  took  in  the  affair,  was  given  in  the 
"London  Times,"  and  afterwards  incorporated  in  McCabe's 
history.  The  writer  said,  "  I  waited  in  the  entry  of  the  am- 
bulance for  an  hour.  I  saw  for  a  quarter  of  an  hour  one 
wounded  man  carried  into  the  one  I  was  near  every  minute, 
for  I  timed  the  stretchers  by  the  watch.  Looking  into 
others,  I  could  see  the  courtyards  littered  with  mattresses 
and  groaning  men." 

Through  all  these  scenes  of  blood  and  communism,  the 
corps  trained  by  Dr.  Swinburne  were  true  to  their  teach- 
ings to  save,  and  continued  their  work  of  mercy.  It  was 
during  this  state  of  affairs  that  one  of  his  assistants,  Frank 
M.  McConnell,  at  the  personal  risk  of  his  own  life,  succeeded 
in  enabling  over  thirty  priests  to  escape  from  the  city  by 
attaching  them  to  the  ambulance,  and  attiring  them  as  at- 
tendants in  the  ambulance  costume ;  thus  enabling  them  to 
escape  from  the  city,  and  thereby  saving  these  Christian  men 
from  horrible  deaths  at  the  hands  of  the  bloodthirsty  mob. 
He  was  constantly  in  attendance  on  the  archbishop  up  to  the 
time  the  good  man  was  shot. 


UNDER   TWO   FLAGS.  105 

What  a  hriglit  picture  tliis  conduct  of  r3r.  Swinburne  and 
his  assistants,  in  working  for  humanity,  presents,  compared 
to  the  dark  and  bloody  record  to  blot  the  fair  escutcheon  of 
American  citzenship,  as  made  by  Cluseret  and  Whitton,  the 
only  two  leaders  among  the  insurgents  claiming  to  i)e  Ameri- 
can citizens !  The  first  were  as  that  of  angels  from  the  re- 
gions of  the  blessed,  on  a  mission  of  mercy;  while  the  others 
were  as  emissaries  of  destruction,  sent  from  the  bottomless 
pits  of  Hades. 

The  history  of  the  work  of  Dr.  Swinburne  in  Paris  was 
fraught  with  unprecedented  success,  causing  a  just  pride 
among  the  American  residents  of  Paris,  and  drew  forth  uni- 
versal and  honorable  comment  from  those  in  official  position, 
^from  authors,  the  press,  and  scientific  men,  who  heretofore 
indulged  the  idea  that  America,  while  a  great  nation,  was 
still,  in  the  developing  of  science  and  scientific  men,  as  a 
"babe  in  swaddling-clothes."  The  citizens  of  the  capital  city 
of  the  great  State  of  New  York  feel  a  natural  pride  in  read- 
ing these  comments  of  other  nations  on  the  achievements  of 
one  of  their  fellow-citizens  who  is  eminently  of  the  people. 
Believing  their  perusal  will  arouse  a  similar  feeling  of  pride, 
not  only  among  the  members  of  the  profession  he  has  so  hon- 
ored, but  in  the  hearts  of  every  America-loving  resident  in 
Dr.  Swinburne's  native  State  of  New  York,  we  collate  and 
condense  a  few  from  the  man3^ 

Dr.  Evans,  in  his  "  History  of  the  American  Ambulance," 
says,  — 

"Every  little  coterie  was  ambitious  to  have  its  ambulance, 
which  it  could  direct  and  talk  about.  Hospitals  had  their 
lady  managers,  whose  sole  qualifications  were  rank,  wealth, 
and  the  unconquerable  determination  to  keep  at  the  head  of 
fashion,  through  whatever  singular  paths  it  may  lead.  In 
these  private  establishments  the  doctor  often  played  only 
an  inconsideiable  rdle.  He  did  what  he  was  told  ;  he  was 
obedient  and  submissive;  he  was  necessary-  —  and  so  was  the 
scullion." 

In  speaking  of  the  successful  treatment  in  the  American 
ambulance,  Dr.  Evans  said, "  Dr.  Swinburne's  highly  successful 


106  A  TYPICAL  AMERICAN. 

exemplification  of  the  benefical  action  of  conservatory  sur- 
gery, and  of  the  re-formation  of  bone,  excited  the  greatest 
interest  among  the  medical  men  who  visited  the  ambulance, 
in  which  oakum  was  employed  in  preference  to  lint,  on  ac- 
count of  its  antiseptic  qualities,  and  compresses  of  hot  water 
were  mainly  employed  for  dressing,  to  the  exclusion  of  many 
of  the  usual  applications.  Of  seven  cases  of  amputation  of  the 
thigh,  only  four  resulted  in  death ;  while,  at  the  ambulance 
established  in  the  Grand  Hotel,  every  case  of  amputation 
terminated  fatally,  just  as  is  always  the  case  in  one  deadly 
ward  of  the  Hotel  Dieu  (the  largest  and  oldest  hospital  in 
Paris),  where  scarcely  a  patient  amputated  has  ever  yet  es- 
caped death  from  gangrene  or  pyaemia.  At  the  ambulance 
of  the  Grand  Hotel  the  deaths  have  been  said  to  have  ex- 
ceeded forty-five  per  cent  of  the  number  of  cases  treated. 
However  this  may  be,  the  administration  up  to  the  present 
time  (1873)  has  declined  to  make  public  its  record.  Now, 
in  the  far  more  economically  conducted  American  ambulance, 
the  proportion  of  deaths  before  the  engagement  at  Bougert 
was  only  three  and  a  third  per  cent." 

A  comparison  of  the  results  obtained  in  the  American 
ambulance  with  those  obtained  in  other  ambulances  and 
hospitals  show  conclusively  that  the  objects  those  in  charge 
of  the  American  ambulance  desired  to  accomplish  were  at- 
tained,—  that  of  demonstrating  the  excellence  of  their  system 
of  surgical  conservation,  and  the  superiority  of  tents  over 
solid  buildings  in  the  treatment  of  wounds,  as  well  as  the 
importance  of  hygienic  conditions  as  a  means  of  preventing 
disease  and  effecting  cures,  —  essentials  so  tenaciously  insisted 
on  by  Dr.  Swinburne  during  his  service  in  our  "unpleasant- 
ness." 

In  paying  tributes  of  praise  to  Dr.  Swinburne  and  the 
spirit  which  impelled  him  and  his  associates,  and  in  de- 
scriptions of  the  properties  and  facilities  connected  with  the 
American  ambulance,  the  press  of  Paris,  official,  scientific, 
religious,  and  secular,  notwithstanding  the  exciting  events 
that  pressed  upon  their  columns,  seemed  to  vie  with  each 
other  as  to  which  should  excel  in  complimentary  notices  of 


UNDER   TWO   FJ.AOS.  107 

the  American  institution,  its  Huv^con,  pc.rsonnely  and   installa- 
tion, a  few  of  which  we  incorporate. 

In  (lescrihinf^  a  visit  to  the  arnl)nlance,  M.  Picard,  in  an 
editorial  in^'Electeur  Libre"  of  Oct.  3,  1870,  said, — 

"Yesterday  we  visited  the  .Vmerican  ambuhince.  Is  it 
necessary  that  we  slioiild  dwell  upon  the  scrupulous  cleanli- 
ness of  this  ambulance,  or  the  assiduous  care  with  which  our 
wounded  are  there  treated?  It  is  truly  touchin((  to  sec  these 
foreigners  of  wealth  thus  giving  themselves  up  without  re- 
serve to  this  humane  work.  We  have  seen  these  gentlemen 
assisting  the  surgeons  in  their  duties,  holding  the  limbs  of 
patients,  and  engaged  in  all  the  details  of  dressing  wounds, 
and  that,  after  having  yesterday  been  under  the  fire  of  the 
enemy,  to  pick  up  these  same  wounded.  These  generous  men 
would  be  unwilling  to  have  us  give  their  names  to  the  public. 
All  that  we  are  able  to  say  is,  that  their  benevolent  devotion 
and  their  indefatigable  ardor  assure  to  them  the  gratitude  of 
France,  whose  friendship  was  long  since  gained  by  the  States 
of  the  American  nation." 

The  humanitarian  work  of  Dr.  Swinburne  and  his  corps  of 
assistants  was  gratefully  appreciated  by  the  French  people ; 
and  in  reflecting  their  opinions,  "  Le  Reveil "  of  October,  1870, 
said,  — 

"Never  was  a  sacred  work  of  sacred  humanity  better  con- 
ceived, or  better  put  in  practice,  than  by  this  band  of  gener- 
ous and  devoted  men,  who,  able  to  find  security  everywhere 
else  for  themselves,  their  families,  and  their  fortunes,  have 
preferred  to  remain  in  our  midst,  to  encourage  us  by  their 
presence,  and,  with  open  hearts  and  open  hands,  to  give  us 
their  sympathy,  their  aid,  and  their  succor  —  fraternal  and  so 
practical  —  in  the  terrible  crisis  through  which  we  are  pass- 
ing." 

The  "  Journal  Officiel  de  la  Republique  Francaise  "  (the 
oflScial  journal  of  the  French  Republic),  on  Nov.  27,  1870, 
said  in  an  editorial  article  on  the  American  ambulance,  occu- 
pying two  entire  pages  of  the  paper,  among  other  things, — 

"  It  is  now  understood  how  it  is  brought  about  that  one 
may  breathe  under  the  tents  only  an  air  warm  and  healthful. 
And  is  there  occasion  for  being  astonished,  that,  as  a  conse- 
quence, where   the   American  system  is  applied,  everybody 


108  A  TYPICAL   AMERICAN. 

should  be  absolutely  ignorant,  or  as  much  as  it  is  necessary 
to  be,  not  onl}^  of  what  purulent  absorption  (scientifically 
called  pytemia)  and  hospital  gangrene  may  be,  but  even  of 
the  fever,  which  is  not  a  necessary  consequence  of  a  wound  ? 

"  Every  morning,  Dr.  Swinburne,  a  gentleman  as  modest 
as  he  is  well  informed,  accompanied  by  his  aids,  attends  to 
the  dressing  of  wounds.  Formerly  port  physician  of  the 
city  of  New  York,  he  was  travelling  in  Europe  when  the  war 
broke  out.  His  devotion  has  kept  him  here,  to  assume  the 
noble  task  which  he  is  fulfilling  with  such  admirable  skill. 
Aid  Nature  instead  of  affronting  her,  —  such  is  their  device; 
and  such  is  henceforth,  we  know,  that  also  of  our  greatest 
French  practitioners.  It  is  forever  the  admirable  and  simple 
expression  of  our  own  Ambrose  Par^,  '  I  dress  his  wounds  : 
God  cures  him.' 

"  We  hardly  need  to  add,  after  all  this,  that  at  the  Amer- 
ican ambulance  every  one  is  a  declared  partisan  of  conserva- 
tive surgery,  that  delicate  art  which  is  happily  also  in  honor 
among  us. 

"  And  now  a  word  about  those  who  extend  these  unre- 
mitting attentions  to  our  wounded,  who  generously  offer  them 
these  effective  consolations.  Shall  they  find  us  indifferent  ? 
No.  How  could  we  fail  to  recognize  that  which  they  are 
doing  for  us,  if  it  was  only  by  showing  how  singularly  prac- 
tical are  the  ideas  of  those  excellent  surgeons  who  have  come 
from  the  other  side  of  the  Atlantic  to  [)lace  at  our  service, 
with  so  much  generosity,  their  incontestable  science  and  their 
indefatigable  devotion  ?i 

"  We  shall  be  excused  for  having  passed  over  in  silence 
many  technical  details  to  which  we  might  have  usefully  re- 
ferred ;  but  we  should  not  have  accomplished,  even  now,  half 
our  task,  had  we  stopped  only  to  enumerate  the  new  curative 
expedients,  perhaps  still  unemployed  in  France,  —  in  a  word, 
the  innovations  of  every  sort  for  which  hospital  science  is 
indebted  to  the  Americans." 

The  "  Union  Medicale  "  of  Feb.  4,  1871,  said,— 

"  Let  us  hope  this  new  experiment  will  not  be  fruitless,  and 
that  it  may  confirm  the  results  already  obtained.  While  the 
genius  of  destruction  multiplies  its  ravages,  and  accumulates 

1  The  writer  is  enthusiastic  over  the  system  of  heating  and  ventilation. 
"The  temperature,"  he  says,  "was  uniform  tlirougliout  the  whole  lenj^th  of 
the  pavilion,  ranging  from  15°  to  18°  (Centigrade).  In  fact,  nothing  could  be 
simpler  or  altogether  more  ingenious  than  the  system  of  heating  and  ventila- 
tion employed  here,  for  it  is  the  system  of  heating  whieh  secures  the  veiUiiation." 


UNDER   TWO   FLAOH.  109 

ruins,  it  is  a  consolation  to  believe  that  tlie  genius  of  conser- 
vation—  less  jjowerfiil,  alas  !  —  has  been  able  at  the  same  time 
to  make  a  step  for  ward.  We  shall  be  ha[)i)y,  if,  in  the  midst 
of  these  bloody  oi<^ies  of  force,  we  Jiave  been  able  to  save  a 
lives  more  than  formerly." 

This  notice  of  the  "Union  Medicale,"  of  the  conservative 
surgery  practised  by  Dr.  Swinburne  for  six  months  in  a  city 
where  are  all  the  leading  surgeons  of  Europe,  is  significant, 
coming  as  it  does  from  a  scientific  journal  which  never  draws 
conclusions,  or  advances  a  recommendation  of  any  kind  in 
medical  ethics,  until  it  has  well  tried  the  subject,  and  is  posi- 
tive of  results. 

Early  in  the  siege,  this  at  first  called  innovation  introduced 
by  the  American  surgeon,  John  Swinburne,  began  to  draw 
attention  as  above  the  others  of  the  numerous  ambulances, 
and  on  Oct.  31  the  "  Paris  Journal"  said  of  it, — 

"  We  soon,  however,  began  to  hear  it  admitted,  not  only 
that  the  Americans  were  laboring  most  earnestly  in  a  humane 
manner,  but  that  unusual  successes  were  rewarding  their  ef- 
forts. The  American  ambulance  established  in  the  Avenue 
Uhrich  is  one  of  those  which,  up  to  the  present  time,  has  given 
the  best  results  in  the  curing  of  wounds.  After  the  battle  of 
Chevilly,  Dr.  Swinburne  and  his  assistants  obtained  from  the 
Prussians  the  restitution  of  a  number  of  wounded  French, 
all  severely  wounded;  and  their  care  has  saved  them  all." 

One  of  the  instructions  to  the  ambulance  attendants  was 
to  bring  in  the  most  severely  wounded  as  quickly  as  possible. 
That  this  order  was  well  carried  out  may  be  seen  by  an  item 
in  "  L'Universe  "  of  Nov.  1 :  — 

"Upon  the  Flanders  road,  deserted  and  gloomy,  obstructed 
at  every  step  by  trees  which  lay  in  the  way,  we  met  the 
American  ambulance,  always  at  the  very  front  (au  premier 
post)  whenever  it  was  a  question  of  comforting  courage  in 
misfortune." 

"La  Semaine  Religieuse  de  Paris"  said, — 

"  Their  ambulance  may  also  be  said  to  be  a  model  of  its  kind. 
Setting  out  with  the  principle  that  hospital  wards,  where  the 
sick  are  commonly  heaped  together,  are,  to  use  the  expression 
of  Cabanis,  '  magazines  of  corrupt  air,'  the  Americans  have 


110  A  TYPICAL   AMERICAN. 

lodged  our  wounded  under  tents  grouped  together  in  pictur- 
esque disorder,  yet  separate  one  from  the  other.  The  whole 
medical  apparatus  is  carefully  concealed  :  it  only  appears  when 
indispensable.  There  are  no  herb-teas  :  these  are  replaced 
by  wine.  The  drugs  are  purchased  of  the  butcher,  and  the 
apothecaries  are  left  to  advertise." 

"  Le  Nationale  "  of  Dec.  11,  1870,  in  an  article,  said,  — 

"Among  all  these  ambulances,  whether  old  or  new,  which 
exist  in  Paris,  there  is  one  distinguished  by  its  organization, 
and  particularly  by  its  system  of  installation,  —  the  American 
ambulance." 

M.  Lafarge,  in  a  lengthy  article  on  V ambulance  Americaine, 
published  in  "  Le  Figaro  "  on  Jan.  26,  1871,  said,  — 

"  About  halfway  down  the  Avenue  de  I'lmp^ratrice,  on  the 
right,  you  perceive  a  number  of  tents  —  not  a  large  number, 
a  veritable  little  city  of  canvas  :  it  is  the  American  ambulance. 
You  are  at  first  surprised  that  the  wounded  can  be  treated 
almost  in  the  open  air ;  but  if  you  enter,  you  will  very  quickly 
change  3'our  first  impression.  .  .  .  Let  no  one  fear  that  bron- 
chitis and  other  diseases  of  the  respiratory  organs  have 
been  occasioned  by  this  practice.  Facts  have  settled  this 
question.  ...  In  the  very  coldest  weather,  a  sufficient  tem- 
perature can  be  maintained  inside  of  the  American  tents. 
During  the  severe  weather  of  December,  when  the  cold  was 
ten  or  twelve  degrees  below  zero  (Centigrade),  the  tempera- 
ture was  maintained  within  the  tents  at  from  +  12°  to  +  15°, 
and  that  without  forcing  the  fire.  .  .  .  Go  and  visit  the 
American  ambulance  :  not  only  will  you  meet  there  with  the 
most  gracious  reception,  but  you  will  obtain  from  the  lips  of 
the  wounded  themselves  the  expression  of  their  lively  grati- 
tude for  the  intelligent  care  they  are  receiving." 

Comments  like  these  quoted,  all  from  leading  journals  and 
authorities,  speak  volumes  of  themselves,  and  breathe  praises 
such  as  the  French  press,  always  jealous  to  maintain  the  high- 
est positions  for  Frenchmen,  never  before  bestowed  on  any  for- 
eign surgeon.  To  comment  favorably  was  but  natural,  under 
the  circumstances,  and  might  be  expected  from  the  grateful 
feelings  and  naturally  complimentary  Frenchmen  ;  but  pla- 
cing the  American  surgeon's  system  of  conservative  surgery 
as  eminently  above  their  own,  and  one  they  would  adopt  in  the 


UNDER   TWO   FLAGH.  Ill 

future,  was  only  accorded  on  pure  merit,  particularly  as  the 
press  had  their  own  ambulance,  of  which  they  were  extremely 
jealous  and  ])roud.  These  press  notices  are  rendered  the 
more  valuable  when  such  eminent  literary  men  as  M.  Sarcey, 
and  such  scientists  as  M.  Desault,  go  still  further  in  accord- 
ing the  palm  of  excellence  to  Dr.  Swinburne,  his  corps  and 
ambulance. 


CHAPTER  IX. 

THE  WONDER  OF  SCIENTISTS. 

These  People  are  our  Masters.  —  Great  Results  with  Small  Means.  —  Conser- 
vative Surgery.  —  Remarkable  Operations.  —  Surgeon  Par  Excellence. — 
Only  Success.  — The  Field-Stretcher. 

Francisque  Sarcey,  a  distinguished  literary  gentleman, 
in  "  Le  Temps"  of  Dec.  21,  1870,  and  in  his  work  entitled 
"  La  Si^ge  de  Paris,"  a  book  that  ran  through  twenty-four 
editions  in  six  months,  said,  — 

"  I  met,  a  few  days  since,  one  of  the  thousand  acquaintances 
which  every  Parisian,  a  little  known,  has  upon  the  Boule- 
vard,—  a  physician  by  profession,  distinguished,  I  might  also 
say  celebrated,  in  a  surgical  speciality,  and  who,  like  most  of 
his  confreres.!  is  attached  to  one  of  our  numerous  ambulances. 
The  conversation  fell  naturally  upon  the  subject  of  ambu- 
lances. He  was  full  of  it ;  and  it  happened  also  that  I  was  a 
little  acquainted  with  it,  being  very  intimate  witli  one  of  those 
persons  most  occupied  with  the  direction  of  the  ambulance 
of  the  press.  I  had  also  studied  with  great  care  the  remark- 
able work  by  Dr.  Chenu,  with  the  intention  of  making  in  my 
turn,  and  with  his  facts,  a  campaign  against  the  organization 
of  the  medical  service  in  our  armies. 

"  '  You  are  interested  in  this  ?  '  said  he.  '  Very  well.  And 
you  have  very  probably  visited  the  American  ambulance  ? ' 

"  I  confessed  that  I  had  not. 

"  '  Then  I  must  take  you  there.  Ah,  my  friend  !  those  peo- 
ple there  are  our  masters.  How  simple,  ingenious,  and  prac- 
tical is  every  thing  connected  with  its  organization  !  It  is 
made  of  nothing,  as  we  should  say.  Their  installation  has 
scarcely  cost  twenty  thousand  francs ;  and  they  have  a  hospi- 
tal the  most  healthful,  the  most  convenient,  and  the  best  fur- 
nished,—  the  model  hospital,  —  the  hospital  of  the  future. 
Our  most  eminent  physicians  have  visited  this  ambulance. 
I  have  met  there  Ndlaton,  Record,  Jules  Guerhi,  D(3marquais, 
and  others.  They  have  pronounced  it  excellent.  Every 
physician  in  Paris  should  go  and  see,  and  convince  himself 


Til  10    WONDER    OF    KOI  I0NTI8TH.  113 

with  his  own  eyes  of  ilio  Hiii)eriority  or'  the  American  instal- 
Lition.  Th(!  [)uhllc  should  conie  to  tlie  rescue,  that  adminis- 
trative routine  may  he  forced  out  of  its  al)siird  j);i.tlis  hy  a 
vi<i;orous  and  irresistihle  pressure  of  puhlic  opinion.  Tlie 
medical  journals  are  only  read  hy  a  profession  which  it  is 
useless  to  convince.  It  is  through  the  ignorant  and  the  lium- 
ble,  through  the  crowd,  that  important  reforms  and  great 
revolutions  are  effected.  What  a  distance  theie  is  between 
theory  and  practice  I  There  had  been  twenty  amputations  at 
the  Grand  Hotel,  and  out  of  these  twenty  cases  there  had  been 
tiventy  deaths.  At  the  Hotel  Dieu  never  has  an  amputation 
succeeded.' 

"  '  Very  well,'  said  I.  '  Let  them  put  the  amputated  some- 
where else.  Very  simple !  I  see  you  are  still  an  innocent, 
my  dear  fellow.  Nothing  is  simple  in  administration.  A 
sick  man  is  brought  in,  and  there  is  an  empty  bed.  The  sick 
man  is  put  in  his  bed,  and  he  dies ;  but  there  is  nothing  to 
be  said.  The  number  was  in  its  place,  good  order  is  preserved, 
and  the  register  is  correct.  Every  thing  is  for  the  best  in 
the  best  administrations.  The  hospitals  are  not  for  the  sick 
man,  but  for  the  doctor.' 

"  He  said  to  me  many  other  things  besides,  which  I  do  not 
remember.  The  next  morning,  however,  he  took  lue  in  his 
carriage  to  the  American  ambulance.  I  had  invited  one  of 
my  confreres  to  accompany  me,  M.  Armand  Gouvien,  who 
was  the  director  of  the  ambulance  of  the  press.  I  was  very 
desirous  that  he  should  see  with  me  these  pretended  marvels, 
and  give  me  his  opinion  of  them. 

"  We  were  received  by  the  surgeon-in-chief,  M.  Swinburne, 
and  by  M.  M.  Brewer  (one  of  the  Brewer  brothers),  who  speak 
our  language  with  the  greatest  purity,  and  who  gave  us 
answers  to  all  our  questions  with  the  most  perfect  courtesy ; 
and  it  would  he  impossible  to  accuse  them  of  having  had  in 
view,  by  so  doing,  any  publicity  through  the  press.  Aly  name 
(I  confess  it  very  humbly)  seemed  to  suggest  nothing  to  them, 
and  whatever  special  attentions  were  paid,  were  offered,  as 
was  proper,  to  my  two  friends,  who  were  of  the  party ;  and 
they  were  in  ecstasies  over  the  admirable  simplicity,  accord- 
ing to  them,  of  certain  methods  of  placing  the  persons  in  bed. 
and  of  dressing  wounds,  which  Gouvien  declared  he  would 
have  tried  for  certain  cases  of  fracture  in  the  ambulance  of 
the  press.  Not  being  learned  in  such  matters,  I  must  confess 
that  I  only  half  appreciated  the  ingenuity  of  these  inventions; 
but  that  which  struck  me  there  was  the  evident  fondness  of 
practical  methods  in  the  solution  of   the  most   complicated 


114  A  TYPICAL   AMERICAN. 

problems  of  surgery,  —  methods  which  were  at  the  same  time 
convenient  and  elegant.  To  do  much  with  little,  without 
trouble  and  Avithout  expense  ;  to  employ  that  which  is  at  hand, 
modifying  it  ingeniously  to  suit  the  case  presented,  —  this  is 
the  groundwork  of  their  system  :  no  outlay  for  the  apparatus, 
none  for  the  setting  it  up.  They  have  no  other  vanity  than 
that  of  curing  their  patients. 

"  The  Americans  have  given  the  last  blow  to  the  preju- 
dice. The  hospital  as  it  exists  in  France,  as  routine  has  con- 
structed and  maintains  it,  must  be  killed,  and  we  shall  reach 
our  end." 

The  celebrated  physician,  Dr.  Dusart,  in  "  Le  Rappel "  of 
November,  1870,  says, — 

"  Under  these  circumstances,  we  have  been  in  no  wise  sur- 
prised to  find  all  the  wounded  with  fresh,  rosy  complexions 
and  cheerful  countenances,  —  signs  of  a  well-being  which  all 
were  earnest  to  announce.  All  the  men  whom  I  questioned 
affirmed  that  the  oidy  fever  they  had,  occurred  during  the 
twenty-four  hours  immediately  following  the  fight.  .  .  . 
France  will  owe  to  the  intelligent  and  devoted  efforts  of  the 
American  colony  the  privilege  of  seeing  many  of  her  soldiers 
returning  to  the  army  after  a  short  treatment,  while  many 
of  the  wounded  will  have  preserved  their  limbs,  which  any- 
where else  would  certainly  have  been  cut  off." 

Dr.  de  Rause,  editor  "  Gazette  M^dicale  de  Paris,"  said,  — 

"  American  surgeons  are  accused  generally  of  an  over-fond- 
ness for  operating :  on  the  contrary,  we  have  noted  with 
pleasure  the  efforts  —  efforts  crowned  with  success  —  of  their 
conservative  surgery.  M.  Swinburne  is  the  only  surgeon  of 
the  ambulance." 

M.  Gustave  Mousnereau,  in  a  thesis  on  the  ambulances, 
said,  "I  have  reserved  for  the  last,  as  being  the  most  important, 
the  American  ambulance,"  and  after  giving  a  detailed  system 
of  heating,  etc.,  added,  "  I  feel  justified  in  affirming  that  the 
American  ambulance  is  the  best  of  all  the  ambulances  estab- 
lished in  Paris.  This  superiorit}^  of  the  American  ambulance 
has  been  admitted  by  the  most  eminent  surgeons  of  Paris ; 
and  an  attempt  has  already  been  made  by  Dr.  Depaul 
(clinical  professor  of  midwifery)  and  Dr.  Dubreuil  (assistant 
professor  and  hospital  surgeon)  to  apply  the  American  system 


<  > 

b  > 

-  ^ 

b  ^ 

^  2 

p  r 

o  W 

■-t 

•-1  _ 


f    V    f 


-*-'! 


THE    WONDKIl   OK   SCIENTISTS.  115 

by  establisliing  two  siiriilur  tent  hosj)ital.s.  .  .  .  At  the  Ameri- 
can ambulance  the  deaths  liave  been  only  five  percent;  of 
seven  amputations,  only  three  have  died;  there  has  not  been 
a  single  case  of  hosjiital  gangrene,  and  not  one  case  of  f)uru]ent 
infection.  These  figures  speak  for  tliemselves,  and  suiiice  to 
demonstrate  the  superiority  of  the  American  system." 

M.  N(3laton,  one  of  the  most  illustrious  representatives  of 
French  medical  science,  on  a  visit  to  the  American  ambulance, 
left  on  the  visitors'  book  this  significant  indorsement :  "  You 
have  here  shown  what  great  results  may  be  obtained  with 
small  means." 

Jules  Guerin  wrote  that  he  was  happy  to  echo  the  same 
sentiment,  as  did  Demarquais;  and  Baron  Larry,  before  the 
Academy  of  Sciences,  declared  that  the  American  hospital 
system  was  most  complete  and  favorable. 

M.  Ndlaton  was  the  celebrated  French  physician  and  sur- 
geon called  to  examine  the  wound  of  Garibaldi,  and  who 
declared  the  bullet  was  still  in  the  wound,  indicated  the  time 
when  it  could  probably  be  removed,  and  predicted  a  favorable 
result.  This  opinion  was  directly  the  reverse  of  that  given 
by  the  English  surgeon.  Partridge,  who,  in  his  opinion,  was 
supported  by  the  Italian  surgeons  Porta  and  Barretti,  and 
afterwards  by  Pirogoff,  the  celebrated  Russian  surgeon. 
Events  proved  N61aton  was  correct,  and  his  opinion  triumphed. 
By  following  his  views,  the  physicians  attending  Garibaldi 
happily  succeeded  in  removing  the  projectile.  Partridge's 
visit  and  blundering  surgery  cost  three  thousand  dollars  ; 
while  Nelaton,  the  true  surgeon,  went  to  Italy  without  fee  or 
reward. 

Among  the  appliances  more  directly  concerned  with  surgi- 
cal science,  used  at  the  American  ambulance,  and  which 
found  great  favor  among  the  surgeons  of  Paris  in  the  treating 
of  suppurating  wounds,  the  merits  of  which  were  previously 
unknown  in  France,  was  the  employment  of  oakum  as  a 
substitute  for  cliarpie  ("lint"). 

"Indeed,"  Dr.  Evans  writes,  "the  interest  taken  by  the 
medical  profession  of  Pai'is  in  every  thing  which  concerned 
the  ambulance  was  \Qvy  great.     Scarcely  a  day  passed  in 


116  A  TYPICAL  AMERICAN. 

which  some  well-known  name  was  not  entered  in  the  list  of 
visitors.  No  sentiment  of  professional  jealousy  was  ever 
exhibited ;  no  exclusive  feeling  of  nationality  was  ever  mani- 
fested :  there  was  but  one  sentiment,  but  one  feeling,  among 
all,  —  that  inspired  alike  by  an  earnest  desire  that  the  history 
of  the  experiment  might  tend  to  the  establishment  of  some  new 
truth  to  the  honor  of  science  and  the  benefit  of  mankind  from 
the  first-fruits  of  a  New  World's  experience,  brought  to  the 
very  shrines  of  venerated  oracles,  to  there  compete  with  the 
established  principles  of  ancient  tradition,  and  even  with 
the  practice  of  classic  surgery." 

That  these  honors  and  expressions  of  gratitude  from  a 
notably  brave  and  proud  people  were  justly  earned,  may  be 
realized  from  the  actual  results  of  the  surgical  treatment  by 
Dr.  Swinburne.  Most,  if  not  all,  of  the  eminent  surgeons  had 
discussed  the  theory  of  conservation  in  the  treatment  of  the 
wounded,  but  had  failed  to  enforce  it  in  practice,  it  was  so 
foreign  to  the  old-school  system  to  which  they  had  been 
educated.  When  introduced  by  the  great  American  physi- 
cian and  surgeon,  it  was  absolutely  regarded  as  an  innovation 
rather  than  an  advance  in  science.  Yet  these  opinions  and 
comments  quoted  prove  how  promptly  the  great  scientific 
minds  of  that  city  availed  themselves  of  the  ideas  and  prac- 
tices they  witnessed,  with  their  good  results,  and  in  the 
interest  of  science,  and  for  the  good  of  humanity,  declared 
their  purpose  to  adopt  them.  They  believed  their  surgeons 
were  equally  scientific  with  the  great  American,  and  indeed 
insisted  the}^  were  more  proficient.  Yet  here  were  facts  ;  and 
the  truly  honest  searchers  after  knowledge  knew  that  theory, 
when  contrasted  with  facts,  vanishes  as  rapidly  as  the  spar- 
kling dewdrop  is  kissed  away  by  the  rising  sun.  Here  were 
results  upon  which  these  learned  men  were  to  decide  as  to 
the  claims  for  pre-eminence  for  conservative  surgery,  and  the 
simple  means  adopted  in  dressing  wounds.  The  comparisons 
were  conclusively  convincing.  At  the  American  ambulance 
the  most  severely  wounded  were  treated,  because  the  corps  of 
stretcher-bearers  had  specific  orders,  which  were  rigidly  en- 
forced, to  look  after  these,  as  they  were  in  need  of  the  earliest 


THE   WONDER   OF   SCIKNTISTS.  117 

possible  attention  ;  and  tlio  American  ambulance  corps,  be- 
ing always  iirst  to  the  front,  picked  up  the  most  seriously 
wounded.  And  yet,  of  the  £^7  surgical  cases  treated^  only  47 
died,  of  all  causes.  Of  these  wounded,  12G  received  com- 
pound fractures,  some  having  two  or  more  comminuted  frac- 
tures. During  the  siege,  there  were  but  9  amputations  of 
long  bones;  7  of  these  being  of  the  thigh,  5  of  tiie  wounds 
being  through  the  knee-joint. 

The  ambulance  Rothschild,  in  charge  of  Dr.  Job,  situated 
on  high  ground,  with  all  proper  ventilation,  and  considered 
one  of  the  very  best  in  Paris,  was  provided  with  ample 
nourishment  and  food  for  the  sick  ;  while  in  the  other  hospi- 
tals and  ambulances  it  was  about  all  those  in  charge  could 
effect,  when  they  secured  sufficient  nourishment  to  keep  life 
in  the  patients,  some  of  them  failing  even  in  this.  Yet  at 
this  luxuriantly  supplied  hospital  there  were  but  56  wound- 
ed men  treated,  10  of  them  dying  of  their  wounds.  There 
were  but  4  amputations  performed,  all  proving  fatal  ;  and 
in  every  case  but  2,  where  the  bones  were  involved  in  the 
wounds,  all  died. 

At  the  ambulance  of  the  press,  under  M.  D^marquais,  281 
wounded  were  treated  prior  to  Feb.  1,  1871;  and  of  these, 
63  ended  in  death.  Of  16  cases  of  wounds  of  the  upper 
extremities,  13  proved  fatal. 

At  the  Barracks  Hospital  at  Passey,  of  the  1,486  wounded 
treated,  347  died. 

To  these  results  the  medical  profession  of  Paris,  at  least 
the  learned,  expert,  and  scientific  portion,  —  and  at  that  time 
it  embraced  eminent  men  from  all  portions  of  Europe, —  would 
not  allow  prejudice  to  obscure  their  better  judgment,  and 
were  not  only  willing,  but  anxious,  to  adopt  this  course,  and 
re-learn  how  to  treat  the  wounded. 

Among  the  celebrated  surgeons  in  Paris  during  the  siege, 
from  other  portions  of  Europe,  was  Charles  Alexander  Gor- 
don, M.D.,  C.B.,  who  was  sent  to  that  city  by  the  right  hon- 
orable secretary  of  state  for  war  of  Great  Britain.  This 
celebrated  English  surgeon  was  the  author  of  a  number  of 
works  on  military  surgery  and  hygiene.     In  his  work  entitled 


118  A   TYPICAL   AMERICAN. 

"  Lessons  on  Hygiene  and  Surgery  from  the  Franco-Prussian 
War,"  he  quotes  from  M.  Pirogoff,  "  that  the  extensive  prac- 
tice of  primary  amputation  has  been  abandoned,  because  sta- 
tistics prove,  that,  in  gunshot  wounds  of  the  upper  extremity, 
secondary  amputation  is  as  favorable  as  primary  ;  that  the 
attempt  to  save  the  limb  is  not,  therefore,  made  at  the  risk 
of  life ;  and  that  it  is  to  the  honor  of  modern  surgery  that 
but  few  amputations  of  the  upper  extremities  were  made." 

"  Such,"  says  Dr.  Gordon,  "  are  the  views  expressed  by  this 
eminent  surgeon,  and  they  deserve  every  attention.  Perhaps 
nowhere,"  he  adds,  "  so  much  as  in  the  American  ambu- 
lance, was  extensive  simplicity  of  arrangements  carried  out 
in  the  treatment  of  gunshot  fractures :  certainly  in  none 
were  the  results  more  satisfactory.  Dr.  Swinburne  brought 
to  his  aid  vast  experience  gained  in  the  war  of  secession; 
but  the  most  simple  and  extemporized  apparatus  seemed 
always  to  have  been  adopted  by  him.  The  appliances  made 
use  of  depended  upon  the  extent  and  position  of  the  wounds  ; 
but,  as  a  rule,  the  more  simple  their  construction,  the  better." 

This  acknowledged  eminent  scientific  authority,  in  discuss- 
ing the  treatment  in  dressing  the  wounded,  said,  — 

"  Whether  used  as  an  independent  application  or  not, 
water  had  to  be  used  for  the  purpose  of  cleansing  the  surface 
of  wounds.  Perhaps  it  was  so  to  a  less  extent  than  in  the 
English  hospitals ;  and,  with  every  respect  to  our  French 
compeers,  there  is  some  room  for  believing  that  a  more 
extensive  use  by  them  of  this  simple  element  would  have 
been  to  the  advantage  of  the  wounded.  Moist  and  hot 
cloths  applied,  and  covered  with  oiled  silk,  were  much  used  in 
cases  of  wounds  of  the  long  bones  or  joints,  and  sometimes  to 
the  limbs  after  amputation.  After  excision  of  joints,  these, 
placed  along  the  whole  extent  of  the  limb,  proved  very  grate- 
ful. Their  employment  was  carried  out  to  the  greatest  ex- 
tent in  the  American  ambulance.  .  .  .  The  degree  of  ease 
that  such  simple  means  will  give  is  remarkable  in  the  case 
of  a  wounded  limb." 

In  his  summing-up  of  the  results  of  treatments  in  the  sev- 
eral hospitals  and  ambulances  of  Paris,  he  said,  — 

"  We  had  in  Paris,  however,  in  the  American  tent  ambu- 
lance, undoubtedli/  the  most  favor  able  results  of  any^  taking  into 


The  American  Ambulance  Tents. 

Witl'i  Improved  System  of  Warming-  and  Ventilation. 


\  "N  \  V 


Fig.  I. — Elevation. 


YiG.  2. — Longitudinal  Section. 

These  cuts  of  Dr.  Swinburne's  Ambulance  in  Paris  are  taken  from  Charles 
Alexander  Gordon's  Work  on  "Lessons  on  Hygiene  and  Surgery  from  the  Franco- 
Prussian  War."  Dr.  Gordon  is  the  author  of  several  important  works  on  military 
hygiene,  and  was  sent  to  Paris  during  the  Franco-Prussian  War  by  the  Right  Honor- 
able Secretarv  of  State  for  War  of  the  British  Government. 


THE    WONDER   OF   SCIENTISTS.  119 

account  the  severity  of  the  cases  treated.  Thus,  out  of  247 
cases  treated,  there  were  126  of  compourid  fractures,  these 
occurriuf^  in  114  individuals  ;  yet  the  njortality  auiong  all  was 
at  the  rate  of  19  per  cent." 

In  commenting  on  the  treatment  of  gunshot  wounds,  Dr. 
Gordon  said,  — 

"  It  is  true  that  the  method  of  treating  gunshot  wounds  of 
the  cliest,  as  practised  by  Dr.  Swinburne,  is  condemned  hy 
some  surgeons.  It  is  beyond  question,  however,  that  the  re- 
sults obtained  from  it  in  the  ambulance  (American)  in  the 
Avenue  de  I'lmpdratrice  during  the  siege  were  very  satis- 
factory, so  far  as  they  went,  and  of  a  kind  to  justify  its  further 
adoption.  It  seems  to  me,  therefore,  that  in  future  wars 
the  treatment  indicated  is  this:  provided  the  bullet  passes 
completely  through  the  chest,  elose  the  opening,  as  Dr.  Swin- 
burne did,  and  so  treat  the  patient.  In  several  cases  Avhere 
the  missile  had  passed  completely  through  the  chest,  and  pen- 
etrated one  lung,  recovery  took  place  with  comparatively  little 
constitutional  disturbance,  and  with  a  rapidity  that  became 
matter  of  wonder.  Some  of  the  officers  and  men  taken  to 
that  establishment  (the  American  ambulance)  with  wounds 
of  this  nature,  their  respiration  oppressed  by  blood- discharges 
from  the  pulmonary  wound  into  the  bronchice,  and  with  blood 
and  froth  issuing  from  the  openings  in  the  chest  during  expi- 
ration, were  treated  in  the  simplest  possible  way,  and  success- 
fully. The  usual  treatment  adopted  by  Dr.  Swinburne  was 
to  hermetically  close  the  outer  opening  by  means  of  adhesive 
silk.i  Little  if  any  medicine  was  subsequently  administered. 
In  cases  thus  treated  from  the  early  periods  of  the  wound, 
suppuration  into  the  pleural  cavities  seemed  to  be  averted. 
The  results  seemed  to  indicate  that  the  effused  blood  was  not 
necessarily  a  source  of  danger :  that  its  action  was  not  like 
that  of  a  foreign  body ;  and  that,  as  recovery  progressed,  it 
gradually  became  absorbed.  In  none  of  the  cases  thus  treated 
were  counter-openings  made  or  required." 

He  then  refers  to  otlier  cases  treated  on  different  plans,  in 
which  puriform  effusions  and  hectic  followed  the  couuter- 

1  The  plaster  referred  to  by  Dr.  Gordon  was  Husband's  silk  adhesive  plas- 
ter, placed  over  the  -wound,  adhering  to  the  chest  above  the  wound,  and  acting 
as  a  valve.  The  lower  portion  was  kept  moist  by  discharges,  on  expiration, 
allowing  the  blood  and  froth,  pus,  and  other  discharges,  to  be  forced  out,  and 
then  closing,  allowing  the  air  to  come  in  through  the  mouth  and  windpipe, 
and  not  through  the  wound  in  inspiration  ;  and  to  this  extent  aloue  was  the 
wound  hermetically  sealed." 


120  A   TYPICAL   AMERICAN. 

openings,  and  then  death.  In  one,  the  bloody  liquid  with 
which  the  chest  speedily  became  filled  was  pumped  out,  and 
the  operation  described  as  brilliant,  but  the  patient  died  ;  and 
in  another,  empyema  occurred,  the  chest  was  punctured  for 
the  escape  of  fluid,  and  the  patient  also  died. 

During  this  period  of  which  Dr.  Gordon  writes,  there  were 
in  and  around  Paris  six  hundred  and  thirty-four  ambulances, 
in  addition  to  ten  hospitals,  and  at  least  three  thousand  sur- 
geons from  all  the  nations  of  Europe,  many  of  them  holding  the 
leading  places  among  their  professional  brethren  as  physicians 
and  surgeons.  It  is  a  remarkable  feature  in  his  work,  that,  out 
of  this  multitude  of  ambulances,  he  selected  the  American  as 
the  model  one  in  its  installation,  on  which  to  treat  at  length ; 
but  a  still  more  remarkable  feature  was  his  selection  of  numer- 
ous cases  treated  by  Dr.  Swinburne,  out  of  the  thousands,  and 
the  minutise  with  which  he  described  their  treatment  and  re- 
sults as  of  the  most  vital  interest  to  science.  In  his  book  he 
devotes  more  space  to  the  work  of  the  American  surgeon,  and 
cites  more  of  the  cases  treated  by  him,  than  by  any  other 
individual,  or,  indeed,  the  whole  of  the  other  surgeons  com- 
bined. So  necessar}^  does  he  consider  it  to  be  specific  in 
the  details  of  all  the  methods  used  by  Dr.  Swinburne,  that 
he  devotes  much  space  to  their  description,  and  the  appliances 
and  methods  used  by  Dr.  Swinburne  in  placing  the  patient 
in  bed,  and  introduces  a  plate  of  a  common  field-stretcher 
designed  and  used  by  the  doctor  for  carrying  the  wounded 
from  the  field,  and  the  treatment  of  fractures  by  extension,  and 
upon  which  they  can  be  treated  until  well.  In  describing 
this  stretcher,  he  says,  — 

"  By  means  of  a  common  brancard  ("  stretcher  ")  ingen- 
iously arranged  by  Dr.  Swinburne,  a  soldier  or  officer  with 
gunshot  fracture  of  the  femur  can  be  carried  with  an  advan- 
cing army  over  any  extent  of  country.  Upon  one  of  the  han- 
dles at  each  end,  a  bent  iron  arm,  having  an  eye  at  one  end, 
was  fixed  by  means  of  a  screw.  It  admitted  of  being  moved 
along  the  handle,  or  from  one  end  to  the  other,  according  to 
the  seat  or  side  of  the  injur}',  and,  from  those  at  the  head 
and  foot  of  the  extension  and  counter-extension,  could  readily 
be  used.     A  mattress  adapted  to  the  dimension  of  the  bran- 


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THK   WONDICR   OK   SCIENTISTS.  121 

card  being  provided,  transport  of  a  wounded  man  can  be 
readily  effeeted,  eitlujr  by  means  ol'  two  hrancard'w.rs  ("car- 
riers") or  by  placing;'  the  litter  ujjon  a  wheeled  conveyance. 
Tiie  contrivance  is  I'lirther  so  su^roijstive  in  regard  to  a  (conven- 
ient method  of  securing  patients  with  fractured  thigli-JKnies  on 
shipboard,  that  it  is  commended  to  the  notice  of  suigeons  at 
sea.  Hy  means  of  a  staple  eye  secured  in  the  bulkhead,  at 
either  end  of  a  bed,  immobility  of  the  ends  of  a  fractured 
femur  would  readily  be  insured." 

This  invention,  when  first  conceived  and  designed  by  Dr. 
Swinburne,  was  submitted  to  the  medical  department  of  our 
Government  during  the  Rebellion,  and  refused,  for  what  rea- 
son those  at  the  head  of  the  department  at  that  time  only  know. 
It  was  afterwards  adopted  and  put  in  use  by  both  the  French 
and  Englisli  Governments. 

Dr.  Gordon  cites  a  case  as  a  very  remarkable  piece  of  sur- 
gerj'',  where  a  wound  was  received  through  the  lower  jaw, 
and  effectively  treated  hy  Dr.  Swinburne,  showing  how  such 
an  injury  may  be  treated  so  as  to  avert  a  great  deformity. 

"A  soldier  was  injured  in  the  lower  jaw,  involving  the  front 
of  the  bone,  by  a  bullet.  The  soft  tissues  were  dissected 
back  by  Dr.  Swinburne.  The  fragments  of  bone  other  than 
the  very  small  ones,  instead  of  being  removed,  were  ingen- 
iously secured  to  the  existing  teeth  by  means  of  wires ;  the 
ends  of  these  being  twisted  off,  and  their  ends  protected  by  a 
case  of  wax.  A  frame  was  then  fitted  on  to  the  chin,  and 
moulded  to  its  shape,  oiled  silk  and  bandages  enveloping 
the  whole.  Recovery  was  progressive,  and  the  deformity 
scarcely  perceptible." 

This  was  regarded  by  the  author  as  an  exceptional  and 
extraordinar}'  case,  and  one  requiring  unexceptional  skill  in 
its  management,  and  hence  was  given  to  the  scientific  world 
as  an  illustration  of  what  great  achievements  the  delicate 
science  of  surgerj^  may  accomplish.  With  the  surgeon  who 
performed  the  operation.  Dr.  Swinburne,  it  was  not  new.  A 
number  of  years  before,  the  late  Col.  Jackson,  formerly  of  the 
firm  of  Townsend  &  Jackson  of  Albany,  fell  from  the  win- 
dow of  the  second  storj-  of  his  residence  on  State  Street  to 
the  sidewalk  (a  distance  of  fifteen  feet),  and,  striking  on  his 


122  A   TYPICAL   AMERICAN. 

head,  crushed  and  fractured  the  entire  jaw.  B}'  the  use  of 
the  delicate  wire,  the  shattered  bone  was  brought  to  its  phice 
and  healed,  leaving  no  deformity.  He  was  afterwards  killed 
in  battle. 

"The  eminent  surgeons,"  said  Dr.  Gordon,  "whom  the 
writer  had  an  opportunity  of  seeing  operate,  had  several 
different  methods  of  proceeding,  and  of  performing  the  subse- 
quent dressing.  In  amputating  the  lower  third  of  the  thigh, 
a  cut  was  made  from  the  surface  upwards  and  backwards, 
through  the  muscles  on  the  anterior  aspect  of  the  part ;  the 
posterior  flap  being  afterwards  made  by  transfixing,  and  cut- 
ting from  within  outwards.  The  flaps,  both  of  which  were 
equal  in  length,  were  retracted  by  means  of  a  fillet,  and  the 
bone  sawn  across ;  the  vessels  were  then  secured  b}'  ligature, 
hand-pressure  on  the  main  vessels  having  been  kept  up  dur- 
ing the  operation.  It  was  remarked,  however,  that  a  con- 
siderable mass  of  tissue  around  the  vessel  was  included,  and 
that  the  double  ligatures  were  generally  used,  both  ends 
being  cut  off.  The  surface  of  the  flaps,  after  being  sponged 
with  cold  water  or  alcoholized  water,  were  brought  close 
together  by  silver  wire  and  sutures  ;  linge  fenetre^  soaked  in 
gljxerine,  was  applied  ;  a  large,  soft  compress  to  each  aspect 
of  the  limb  supported  the  flaps ;  and  a  bandage  applied  from 
above  downwards  secured  the  whole.  Other  surgeons  used 
the  interrupted  suture  ;  and  Dr.  Swinburne,  in  one  case  of 
amputation  of  the  thigh,  left  the  anterior  flap  much  longer 
than  the  posterior  :  the  line  of  union  was  thus  quite  at  the 
back  of  the  limb,  and  the  stump  provided  was  a  soft  one." 

In  treating  the  merits  of  primary  versus  secondary  amputa- 
tion, Dr.  Gordon  said, — 

"  So  far  as  tlie  experience  within  Paris  went,  it  simply  con- 
firmed that  of  former  wars,  —  that  these  operations  must  be 
performed  before  suppuration  has  set  in,  to  give  them  a  chance 
of  success.  It  is  pointed  out,  however,  that  primary  ampu- 
tation cannot,  under  all  circumstances,  be  performed.  A 
wounded  man  may,  as  not  infrequently  was  the  case  on  the 
occasion  of  the  great  battles  before  Paris,  be  so  benumbed  by 
cold  from  protracted  exposure  upon  the  field  as  to  put  ampu- 
tation of  a  wounded  limb  out  of  the  question,  until  such  times 


THE    WONDKR   OF   SCIKNTIST8.  123 

as  [lie  powers  of  tlie  body  ai'o  partly  restorod  by  stimulants 
and  otluir  moans  ;  and,  by  tin;  time;  this  has  boon  attained, 
the  period  for  jjrimary  amputation  has  passed.  On  the  other 
hand,  an  amputation  may,  on  some  oeeasions,  be  performed 
with  ultimate  success  upon  a  patient  in  a  very  great  state  of 
weakness." 

To  sustain  this  latter  assertion,  he  again  referred  to  an 
operation  performed  by  Dr.  Swinburne  as  an  extreme  typical 
case,  and  said,  — 

"  A  soldier  was  brought  to  the  American  ambulance  in 
Paris,  his  leg  carried  away  by  a  shot.  Amjjutation  below 
the  knee  was  performed  by  Dr.  Swinburne  while  the  man 
was  in  a  state  of  collapse,  and  pulseless.  The  man  continued 
in  this  state  for  twenty-four  hours  after  the  operation;  he 
then  passed  into  delirium,  which  continued  during  four  days, 
the  stump  being  much  disturbed  in  the  mean  time,  the  flaps 
gaping,  and  the  bone  projecting.  Nevertheless,  this  man 
ultimately  did  well." 

The  doctor  himself,  soon  after  his  arrival  in  Paris,  wrote 
to  Dr.  Bailey  of  Albany,  — 

"  Here  I  am,  within  a  few  rods  of  the  inner  fortifications  of 
Paris.  I  had  been  in  England,  Ireland,  and  Scotland,  visit- 
ing hospitals  and  other  places  of  interest,  until  Inst  week, 
when  I  received  notice  that  I  was  wanted  here.  With  Louis 
(my  son),  I  immediately  left  for  this  place,  where  the  Ameri- 
cans have  establislied  a  hospital  and  ambulance  corps  out 
of  American  manufactures,  including  tents  and  about  two 
hundred  American  patent  beds,  stretchers,  etc.  You  would 
not  blush  for  America,  could  you  see  these  arrangements,  and 
compare  them  w4th  the  English,  or  even  the  French.  In 
truth,  they  are  the  admiration  of  the  place.  The  soldiers 
say,  if  such  accommodations  were  provided  them,  they  would 
not  mind  being  wounded.  I  have  many  things  to  say  to  you, 
on  my  return,  in  reference  to  surgery.  Among  them  is*  the 
fact  that  the  sui-geons  of  Great  Britain  do  not  amputate  for 
disease  of  any  joint,  but,  on  the  contrary,  resect.  The  result 
is,  that  more  lives  are  saved,  and  less  mischief  results  from 
the  diseases,  than  from  the  old  barbarous  mode  of  amputation. 
Many  a  mutilated  creature  maj-  bless  the  day  that  progress 
has  its  swav." 


CHAPTER   X. 

LIVING  ON  HORSE-FLESH. 

Dainty  Parisian  Dishes. — The  Best  in  Paris.  —  French  Soldiers  beg  to  be 
taken  to  the  American. — English  Compliments. — Most  Popular  Men. — 
Living  on  Horse,  Cat,  and  Dog  Flesh.  —  French  Decorations. 

It  used  to  be  an  old  proverb  that  "  Good  Americans,  when 
they  died,  went  to  Paris."  It  was  true,  a  longing  desire  ex- 
isted with  a  large  portion  of  the  American  people  to  visit  the 
gayest  city  of  the  world,  and  enjoy  its  frivolities  and  sights  for 
a  period.  But,  at  the  time  our  noble-hearted  philanthropist 
was  drawn  to  the  French  capital,  the  events  were  more  excit- 
ing, and  the  gay  colors  of  uniformed  regiments  more  impos- 
ing, than  the  traveller  usually  witnessed.  When  the  iron 
cordon  of  the  Prussians  was  drawn  around  the  city,  belching 
forth  its  fire,  and  giving  to  the  inhabitants  a  grand  but  unde- 
sired  brilliant  pyrotechnic  display,  the  position  was  not  com- 
fortable. When  provisions  ran  scarce,  and  all  the  beef  had 
been  consumed,  and  the  menu  consisted,  in  part,  of  horse  and 
dog  flesh,  whose  noxious  exhalations,  while  being  cooked, 
permeated  the  city,  and  when  "  pussy  "  was  a  delicate  and  de- 
licious dish,  it  was  hardly  the  place  for  realizing  the  celestial 
aspirations  of  our  pious  Americans.  But  here  in  this  dreamed- 
of  paradise,  turned  into  a  purgatory,  our  humanitarian,  Dr. 
Swinburne,  worked  with  his  usual  zeal  for  the  good  of  man- 
kind, without  hope  of  pecuniary  reward,  as  he  did  during  our 
Rebellion,  and  by  his  great  skill  won  a  still  greater  name,  even 
among  those  who  were  wont  to  believe  nothing  good  could 
come  out  of  the  Western  Nazareth. 

The  English  press,  science,  and  people  were  ably  repre- 
sented in  Paris  during  the  siege,  and  while  always  anxious 
to  believe,  and  if  possible  make  the  world  believe,  that  the 
best  of  men  came  from  Britannia,  they  were  at  first  inclined  to 


LIVING   ON    HORSE-FLESH.  125 

underrate  tlie  "star"  from  the  West,  that  had  ho  siuldeiily 
appeared  to  the  scientific  world.  As  his  works  manifested 
themselves,  they  became  dazzled  by  their  brilliancy,  and  then 
chai-med,  and  finally  admitted  the  superior  skill  of  Dr.  Swin- 
burne ;  one  English  writer  asserting  that  he  must  be  a  de- 
scendant of  the  Swinburns  of  Swinburn  Castle,  after  whom 
the  townships  of  Great  and  Little  Swinburn,  near  Ilesham, 
in  Northumberland  County,  were  named. 

The  prompt  and  efficient  work  of  the  American  ambu- 
lance made  such  an  impression  on  the  correspondent  of  the 
"  London  Daily  News,"  that  in  writing  to  his  paper  in  Sep- 
tember, after  referring  to  the  others,  he  said,  — 

"The  English  ambulance  is  now  prepared  to  fulfil  requisi- 
tions made  upon  it  from  any  quarter ;  and  it  may  be  of  some 
use,  provided  the  staff  have  not  consumed,  in  the  mean  time, 
all  the  medical  comforts  in  aiding  the  sick  in  the  hospitals  of 
the  town  and  in  the  fortress.  But  I  submit  that  it  is  not 
sufficient  for  a  concern  like  the  English  ambulance  to  take 
its  ease  in  its  inn.  and  to  intimate  in  a  slipshod  way,  by 
casual  journeys  to  the  front,  that  it  is  in  a  condition  to  sup- 
ply requisitions." 

In  a  letter  published  in  the  "  London  Times  "  Sir  J.  T.  Sin- 
clair said,  "  Except  the  Anglo-American  ambulance,  under 
an  American  physician,  which  is  only  partially  connected 
with  the  National  Society  for  Aid  to  the  Wounded,  I  believe 
little  good  has  been  done  by  the  English  surgeons."  Capt. 
Henry  Brackenbury  in  a  letter  to  the  same  paper,  in  describ- 
ing his  visit  to  the  English  hospital,  in  charge  of  Dr.  Frank, 
tells  how  Dr.  May,  attached  to  an  American  ambulance  under 
Dr.  J.  Marion  Sims,  rode  back  with  them  in  the  dark  to  show 
to  Dr.  Frank  a  peculiar  method  of  using  some  particular 
splint.  This  splint,  and  the  methods  of  using  it,  were  first 
introduced  into  practice  by  Dr.  Swinburne. 

A  correspondent  of  the  "  Loudon  News,"  under  date  of 
Nov.  15,  said,  — 

"  The  ambulance  in  Paris  which  is  considered  the  best  is 
the  American  (under  Dr.  Swinburne^  The  w-ounded  are 
under  canvas ;  but  the  tents  are  not  cold,  and  yet  the  venti- 


126  A  TYPICAL  AMERICAN. 

lation  is  admirable.  The  American  surgeons  are  far  more 
skilful  in  their  treatment  of  gunshot  wounds  than  their 
French  colleagues.  Instead  of  amputation,  they  practise  ex- 
section  of  the  bone.  It  is  the  desire  of  every  French  soldier, 
if  he  is  wounded,  to  be  taken  to  this  ambulance.  They  seem 
to  be  under  the  impression,  that,  even  if  their  legs  are  shot 
off,  the  skill  of  the  iEsculapii  of  the  United  States  will  make 
them  grow  again.  Be  this  as  it  may,  a  person  might  be 
worse  off  than  stretched  on  a  bed,  with  a  slight  wound,  under 
the  tents  of  the  Far  West." 

He  further  adds  in  another  issue,  under  date  of  Dec.  23, — 

"  At  the  central  ambulance  of  the  Soci6t6  Internationale, 
the  simplest  operations  are  usually  fatal.  I'our  out  of  five 
of  those  who  have  an  arm  or  leg  amputated  die  of  pysemia. 
In  the  American  tents  four  out  of  five  recover." 

This  compliment  to  the  skill  and  ability  of  Dr.  Swinburne, 
the  only  American  surgeon  in  Paris  at  the  time,  and  a  very 
flattering  reference  to  the  lady  assistants  and  to  the  Ameri- 
can women  in  general,  were  republished  in  the  "  Diary  of  a 
Besieged  Resident  in  Paris." 

A  Paris  clerk  of  Messrs.  Bowles  &  Brothers,  London,  who 
had  been  one  of  the  corps  of  the  American  ambulance,  in  a 
private  letter  to  his  firm  under  date  of  Jan.  10,  1871,  said, — 

"  Of  course  3'ou  have  heard  of  our  success,  — how  the  Amer- 
ican ambulance  is  the  model  ambulance  of  Paris  ;  and  how 
few  our  losses  are,  compared  with  others.  Dr.  Swinburne  is 
really  the  only  surgeon  in  the  place.  It  is  no  easy  work,  es- 
pecially after  a  battle  like  Champigny,  where  we  had  one  hun- 
dred and  thirty  men  come  in  in  two  days.  I  brought  in  the 
lirst  wagon-load  of  six  at  four  o'clock,  and  from  that  time 
until  the  next  midnight  we  were  bringing  them  in.  Several 
were  severely  wounded,  and  died  that  night.  Most  of  the 
men  were  severely  wounded :  we  looked  for  that  kind  on 
the  field.  Dr.  Swinburne  seemed  scarcely  to  sleep  at  all, 
and  his  aids  and  the  ladies  worked  like  Trojans.  We  had 
two  Prussians:  both  were  mortally  wounded,  and  died  soon 
after,  though  the  last  one  struggled  on  three  weeks.  It 
was  a  wonderful  case,  for  his  pelvis  was  literally  splintered. 
Splendid  fellows,  both  of  them,  and  it  grieved  us  to  have 
them  die." 


LIVING    ON    HORSE-FLESH.  127 

The  most  populiir  foreign  representative  in  Paris  during 
the  siege  was  the  Anicriean  minister,  Wasiiburn,  as  waa 
Dr.  Swinburne  the  most  popular  surgeon.  Wherever  either 
appeared,  they  were  cordially  greeted.  On  tiie  27th  of  Sep- 
tember, the  "  New-Yoik  Herald's"  correspondent  said,  "The 
American  ambulance  corps  and  Minister  Washburn  were 
loudly  cheered  on  the  streets  to-day.  The  crowd  was  so  dense, 
that  the  new  police  appeared  on  the  Champs  Elys<ies,  and 
opened  a  passage  for  the  ambulance."  The  same  correspond- 
ent on  the  3d  of  October,  in  telegraphing  with  reference  to 
the  battle  at  Chevilly,  said,  "Dr.  Swinburne  describes  the 
wounds  of  the  needle-guns  as  terrible.  The  balls  are  of  a 
larger  size  than  any  other  used  by  contending  armies.  Tlie 
ambulance  went  farther  into  the  Prussian  lines  than  into 
those  of  the  French  after  the  last  battle.  It  was  fortunate 
that  the  party  fell  into  the  hands  of  intelligent  Prussian  regi- 
ments, or  they  would  not  have  escaped  in  safety." 

A  gentleman  named  Keed,  who  had  charge  of  the  branch 
house  in  Paris  of  Tiffany  &  Co.  of  New  York,  and  who  left 
Paris,  with  other  Americans,  on  Oct.  25,  said  in  a  New-York 
paper,  — 

"  The  American  Sanitar}^  Commission  is  doing  a  noble  work. 
Several  large  tents  compose  its  hospitals,  and  on  Oct.  25  they 
contained  fifty-five  wounded.  The  great  superiority  of  the 
American  over  the  French  system  in  caring  for  and  treating 
the  wounded  was  clearly  illustrated.  They  are  regarded  by 
the  French  as  much  better  than  their  own.  In  case  of  a 
battle,  the  American  ambulance  men  are  always  first  in  the 
field,  and  go  to  the  front,  and  even  into  the  lines  of  the 
Prussians." 

The  superiority  of  the  American  ambulance  is  testified  to, 
said  the  "  New-York  Tribune  "  of  Nov.  17,  by  a  correspondent 
writing  from  Paris,  who  said,  — 

"A  friend  who  went  out  with  the  American  ambulance  in 
the  sortie  of  the  22d  ult.  says  that  the  wagons  came  back 
laden  with  wounded,  amono^  whom  were  two  soldiers  belongr- 
mg  to  what  was  not  long  since  one  of  the  finest  regiments  in 
the  world,  —  the  Third  Zouaves,  —  but  since  dwindled  down 
to  seven,  of  whom  three  are  lying  at  the  American  ambu- 


128  A  TYPICAL  AMERICAN. 

lance.  One  of  the  principal  Paris  papers  is  loud  in  its  pi-aises 
of  this  ambulance,  and  equally  severe  upon  some  of  the 
others." 

The  condition  of  affairs  in  Paris  was  such  as  to  ordinarily 
render  the  introduction  of  any  system  in  the  treatment  of 
sick  and  wounded,  different  from  what  had  been  practised, 
very  difficult  of  favorable  results.  Portions  of  the  city,  par- 
ticularly where  the  American  embassy  had  existed,  became 
so  hot  from  Prussian  fire,  that  Mr.  Washburn  had  to  vacate, 
and  retreat  to  more  secure  quarters.  A  most  absorbing 
thought,  with  many  of  the  correspondents,  was  something  to 
eat,  and  the  bill  of  fare  of  the  besieged  was  at  times  the 
burden  of  their  despatches.  One  of  the  first  announcements 
in  this  respect  was  from  a  London  correspondent,  in  a  tele- 
gram to  the  "  New-York  Herald  "  of  Oct.  12,  which  conveyed 
the  intelligence  that  on  the  7th  inst.  the  residents  began  to 
slaughter  and  eat  the  animals  in  the  menagerie,  Jardin  des 
Plantes.  This  was  the  forerunner  to  the  famine  that  fol- 
lowed, and  cleared  the  city  of  almost  all  the  canine  and  feline 
hordes  within  its  walls.  The  capricious  epicurean,  whether 
French  or  foreign,  had  to  appease  his  whimsical  palate  with 
a  dish  a  New-York  street  Arab  would  disdain.  Some  of  the 
correspondents  and  ambulance  corps,  however,  under  the 
adverse  circumstances,  became  used  to  the  diet,  and  indeed 
became  attached  to  it,  declaring  as  connoisseurs  that  "  kitty," 
under  the  manipulations  of  a  French  cook,  was  as  tender 
and  delicious  as  a  rabbit. 

There  was  a  difference  of  opinion  as  to  the  success  of  Dr. 
Swinburne's  system  of  conservative  surgery  as  practised  in 
Paris  ;  but  the  implied  question  as  to  its  success  was  generally 
given  to  the  world  by  those  who  only  arrived  in  Paris  after 
the  siege  was  raised.  In  no  histories  of  other  wars  have  the 
hospital  treatment  of  the  wounded,  and  the  skill  of  the  sur- 
geons, been  brought  so  prominently  forward  as  during  the 
Franco-Prussian.  Scarcely  a  pamphlet  has  been  issued  regard- 
ing the  war,  that  there  was  not  a  reference  to  the  ambulances. 

Archibald  Forbes,  who  arrived  in  Paris  after  the  raising 
of  the  siege,  said  in  his  "  Experiences  of  the  War  between 
Germany  and  France,"  — 


LIVrN(}    ON    HORSE-FLESn.  129 

"Half  Paris  seemed  converted  into  hospitals,  if  one  might 
judge  from  the  flags.  So  far  as  I  could  learn,  the  French 
surgeons  in  the  early  days  of  the  siege,  when  the  conditions 
were  favorahUi,  were  earnest  in  the  pursuit  of  conserva- 
tive surgery.  I)Ut  as  the  siege  progressed,  times  clianged. 
Circumstances  became  unfavorable  to  the  recovery  of  the 
wounded  under  any  ^surgical  conditions.  True,  it  was  pos- 
sible still,  in  some  favored  lazarets,  to  pursue  conservative 
surgery  (a  most  favorable  example  was  that  of  the  American 
ambulance,  under  Dr.  Swinburne) ;  but  all  the  receptacles  for 
the  wounded  manifestly  could  not  sliare  this  good  fortune. 
There  were  crowded  and  long  occupied  wards,  generating 
pyaemia,  gangrene,  and  erysipelas  ;  there  were  overworked 
orderlies  ;  and  there  was  food  of  a  character  inevitaljly  tend- 
ing to  the  impoverishment  and  vitiation  of  the  blood.  These 
conditions  presented  but  a  poor  field  for  the  successful  prac- 
tice of  conservative  surgery." 

In  referring  to  the  excision  of  the  knee  and  elbow  joints, 
and  the  establishment  of  a  juncture  between  the  parts  on 
either  side  of  the  excised  joints,  Mr.  Forbes  said,  — 

"  The  value  of  such  an  operation  successfully  consum- 
mated is  immense;  and  under  favorable  conditions,  with  skill 
in  the  operator,  a  fair  bodily  condition  in  the  patient,  and 
sedulous  after  attention,  such  an  operation  is  successful  in 
most  cases  to  a  pitch  which  our  ancestors  did  not  dream  of. 
The  surgeon  has  to  consider  the  practicability  of  diminishing 
the  risk  to  the  lowest  possible  minimum.  The  dressing  is 
complicated,  and  the  demand  on  the  vital  energies  that  stimu- 
late the  healing-power  is  probably  larger.  On  the  otlier 
hand,  when  he  amputates,  he  exposes  but  one  surface,  and 
the  other  risks  are  smaller  in  every  way.  I  fear  the  success 
of  the  operating  surgeon  has  been  in  no  case  encouraging: 
it  w\as  hardly  in  the  nature  of  things  that  it  should  have 
been  so." 

An  historical  fact  connected  with  surgery  in  the  French 
army  during  that  w^ar,  and  admitted  by  the  scientific  men  of 
England  and  France,  was  that  the  greatest  and  only  success- 
ful surgeons  were  Dr.  Swinburne  in  Paris,  and  Dr.  Marion 
Sims  of  the  Anglo-American  ambulance,  outside  of  Paris,  both 
Americans,  and  both  following  the  same  system  of  conserv- 
ative surgery.     Had  this  practice  of  conservation  been  fol- 


130  A  TYPICAL  AMERICAN. 

lowed  in  the  other  hospitals  and  other  ambulances,  and  the 
operating  surgeons  understood  their  work,  the  eminent  Eng- 
lish surgeon  would  not  have  Leen  called  on  to  record,  that, 
"  in  the  American  ambulance  in  Paris,  we  had  undoubtedly 
the  most  favorahle  results  of  any ^ 

Three  years  after  Dr.  Swinburne  left  Paris,  the  following 
letter  was  received,  dated  the  United-States  Legation,  Paris, 
Oct.  28, 1874,  and  signed  by  Minister  Washburn  :  — 

"I  learn  that  the  friends  of  Dr.  John  Swinburne  are  anx- 
ious to  have  him  appointed  professor  of  surgery.  Dr.  Swin- 
burne remained  in  Paris  during  the  siege  as  chief  surgeon 
of  the  American  ambulance,  and  acquired  great  distinction. 
I  think  he  was  regarded  as  without  an  equal  in  any  of  the 
military  hospitals  of  Paris.  Many  of  his  operations  were 
remarkable,  and  attracted  great  attention  among  the  profes- 
sion. In  acknowledgment  of  his  services,  the  French  Gov- 
ernment decorated  him  a  chevalier  of  the  Legion  of  Honor." 

"  In  securing  the  services  of  Dr.  John  Swinburne  as  sur- 
geon-in-chief of  the  ambulance,"  said  Dr.  Evans  in  his  work, 
"  the  committee  was  particularly  fortunate.  Dr.  Swinburne 
was  a  surgeon  par  excellence,  an  earnest  advocate  of  conserv- 
ative surgery,  an  enthusiast  even  as  regards  the  conservative 
treatment  of  compound  fractures,  and  a  skilful  operator  Avhen 
operations  were  required.  He  possessed  a  rare  and  highly 
valuable  quality." 

On  the  17th  of  March,  1871,  as  he  was  about  to  leave  Paris, 
"  La  Vdrite,"  in  an  article,  said,  — 

"  We  are  happy  to  learn  that  Dr.  Swinburne,  the  surgeon- 
in-chief  of  the  American  ambulance,  and  Dr.  Johnson,  physi- 
cian-in-chief of  the  same  ambulance,  have  just  received  the 
Cross  of  the  Legion  of  Honor.  The  services  rendered  during 
the  siege  by  the  American  ambulance  are  known.  The  devo- 
tion exhibited  by  the  members  of  that  ambulance  is  also 
known.  In  the  accomplishment  of  their  charitable  work, 
they  have  recoiled  before  no  effort,  before  no  sacrifice.  The 
distinctions  which  they  may  have  received  are  the  merited 
recompense  of  their  zeal  and  their  earnestness  to  aid  those 
afflicted  with  the  greatest  mit^fortunes.  We  may  add,  that 
long  experience  and  great  skill  secured  to  most  of  the 
wounded  confided  to  their  care  cures  often  unexpected,  and 


LIVING   ON    nORSE-FLESir.  131 

that  the  excellent  system  of  tents,  whieli  li.'ul  already  been 
tested  (lurint^  the  secossif)n  war,  has  offered  at  I'aris,  as 
well  as  in  America,  llie  most  siir[)risin^  results.  The  leaders 
of  the  American  ambulanc^e  have  nol)Iy  proved  their  symi)a- 
thy  for  France,  and  they  have  gained,  what  is  worth  more 
even  than  honorary  distinction,  the  esteem  and  the  gratitude 
of  all." 

The  age  of  chivalry  was  pre-eminently  an  age  of  individ- 
ualism, and  he  who  had  power  was  ever  eager  to  show  the 
world  he  possessed  it.  A  knight  distinguished  for  his  cour- 
age, strength,  and  skill,  added  to  his  honor  by  the  splendor 
of  his  equipments.  An  ostentatious  display  was  eagerly 
engaged  in  by  them,  and  every  gathering  of  these  valiant 
knights  became  a  scene  of  magnificent  display.  One  of  the 
greatest  incentives  to  acts  of  heroism  with  them  was  to  re- 
ceive the  smile  of  a  lady,  or  kiss  the  hem  of  a  garment 
woven  by  her  fair  hands.  In  this  age  of  enlightenment  and 
true  chivalry,  ostentation  is  ignored  by  the  eminently  great, 
and,  like  our  honored  countryman  and  distinguished  physi- 
cian, their  ambition  is  to  perform  great  acts  for  humanity, 
rather  than  to  seek  the  plaudits  of  men.  In  the  convic- 
tion that  he  has  done  his  duty  to  his  fellow-beings  at  home 
and  abroad.  Dr.  Swinburne  takes  more  pride  than  in  all 
the  official  honors  or  decorations  the  heads  of  nations  can 
bestow,  although  he  appreciates  these,  because  they  were 
bestowed  on  him,  not  as  marks  of  political  favor,  but  as  tokens 
of  appreciation  of  his  unselfish  labors.  Truly  great  is  the 
man  who  in  our  own  Rebellion,  and  in  the  French  capital 
when  besieged,  labored  for  others  so  bravely  without  a  dollar's 
remuneration  from  the  government  of  either  nation. 


CHAPTER   XL 

REVOLUTIONIZING   SURGERY. 

Startling  Coincidences.  —  Differing  Doctors.  —  Jealousy  in  the  Profession. — 
Swinburne  on  Fractures. —  Common  Sense  in  treating  the  Maimed  and 
"Wounded.  — What  the  Medical  Journals  think.  —  Providential  Cure. 

The  study  of  the  history  of  that  portion  of  science  which 
treats  of  surgery  or  chirurgery,  affords,  even  to  the  general 
reader,  some  very  interesting  incidents,  and  demonstrates  an 
advance  in  that  branch  of  science  unprecedented,  perhaps,  in 
any  other  scientific  research  and  improvement.  All  through 
its  history,  from  the  ages  when  it  was  enshrouded  in  igno- 
rance, up  to  this  time,  when  it  ranks  among  the  greatest 
scientific  attainments,  every  step  in  its  progress  has  been 
marked  by  the  same  professional  jealousies  that  are  mani- 
fested at  the  present  time,  and  the  same  persecution  of  those 
who  have  led  it  step  by  step  from  its  ignorant  surroundings 
up  to  the  high  scientific  plain  it  occupies.  The  reader  of 
history  will  find  much  of  interest  in  its  perusal,  and  every- 
where will  notice  the  striking  coincidence  among  the  learned 
and  the  professional  bigotry  and  persecution  by  those  who, 
having  settled  into  a  traditional  rut,  are  still  desirous  of  re- 
maining there,  and  who  are  opposed  to  any  methods  of  treat- 
ment not  in  accord  with  the  lessons  taught  them  by  those  who 
lived  in  generations  long  since  passed  away.  Formerly  sur- 
gery was  altogether  and  exclusively  practised  by  the  priest- 
hood ;  and  the  ignorant  masses  believed  the  invocation  by 
these  of  the  help  of  spirits,  good  or  bad,  was  the  only  effective 
remedy  for  the  amelioration  of  the  sick,  maimed,  and  suffering, 
who  are  now  treated  on  scientific  and  enlightened  grounds,  as 
far  as  possible  with  the  knowledge  of  the  present  day.  The 
Council  of  Paris  even  went  so  far,  but  a  few  centuries  ago,  as 
to  pronounce  the  practice  of  surgery  degrading  to  the  dignity 


REVOLUTIONIZING   SURGERY.  133 

of  the  sacred  ofTice  of  tlio  prie.stho()d,  aiul  boneaUi  the  atten- 
tion of  men  of  leartihig.  History  says  that  Pythagoras  was 
the  first  to  raise  it  to  the  dignity  of  a  science,  by  bringing 
philosophy  to  boar  upon  the  practice,  he  believing  that  tlie 
physician,  who  had  hitherto  been  considered  as  one  gifted 
with  divine  knowledge,  must,  to  be  accomplished  or  success- 
ful, possess  an  intimate  knowledge  of  the  principles  of  sur- 
gery, if  Jiot  with  its  practice,  as  it  is  conceded  in  this  age 
that  a  perfect  knowledge  of  anatomy  and  physics  is  absolutely 
essential  in  an  accomplished  surgeon. 

In  the  beginning  of  the  sixteenth  century,  when  surgery 
was  in  that  condition  to  which  it  had  retrograded  after  the 
efforts  of  Celsus,  A.lbucasis,  iEsculapius,  Paulus  ^gineta,  and 
Pythagoras  to  elevate  it,  and  where  it  had  remained  for  a 
couple  of  hundred  years,  when  its  practitioners  were  confined 
to  barbers,  farriers,  cobblers,  and  tinkers,  France  produced  the 
great  Ambrose  Par(^,  who  did  not  think  it  any  thing  deroga- 
tory to  have  applied  to  hini  the  title  of  "  barber  surgeon,"  even 
as  our  eminent  surgeon,  John  Swinburne,  does  not  feel  hu- 
miliated at  being  called  the  "  fighting  doctor,"  because  of  his 
contests  with  professional  malpractice  and  political  corrup- 
tion. Pare's  experience  in  the  treatment  of  gunshot  and  other 
wounds  on  the  field  of  battle,  in  1569,  naturally  directed  his 
attention  and  investigation  to  the  subject  of  hemorrhage  ;  and 
to  him  was  accorded  the  discovery  of  the  method  of  arresting 
bleeding  from  arteries  by  ligature.  Yet  so  averse,  says  a 
writer  on  surgery,  are  mankind  to  abandon  their  ancient  cus- 
toms, that  the  improvements  of  Pare  met  with  strong  and 
bitter  opposition,  and  were  not  sanctioned  until  after  much 
abuse  and  persecution  directed  against  himself  and  his  dis- 
coveries. Indeed,  so  bitter  and  unrelenting  were  his  jealous 
brethren,  that  he  was  compelled,  for  his  own  safety,  to  adduce 
garbled  and  incorrect  extracts  from  Galen  and  other  ancients, 
in  proof  that  to  them,  and  not  to  him,  the  invention  was  to  be 
referred.  He  was,  however,  amply  repaid  b}-  future  fame  for 
the  opposition  which  he  had  at  first  sustained.  He  rose  to 
an  unparalleled  height  of  popularity  afterwards  with  the  army, 
and  was  absolutely  adored  by  the  soldiers.     So  great  was  his 


134  A    TYnCAL   AMERICAN. 

influence  over  them,  that  on  one  occasion  his  presence  in  a 
beleaguered  city,  where  the  troops  were  about  to  surrender, 
infused  among  them  a  new  vigor,  and  the  besieging  army 
perished  under  the  walls.  His  has  ever  been  an  honored 
name  in  French  history,  and  to  him  the  "Journal  Official  de 
la  Republique  Frangaise,"  in  an  editorial  on  Nov.  27,  1870, 
enthusiastically  compared  the  American  surgeon,  M.  John 
Swinburne.  The  seventeenth  century  gave  to  surgery  in 
France  Desault  and  Petit,  —  names  ever  proud  in  the  annals  of 
surgery.  These  men  had  to  endure  the  same  envious  opposi- 
tion which  seems  to  have  been  the  inevitable  fate  of  nearly 
all  those  who  have  occupied,  or  now  occupy,  an  advanced  and 
prominent  place  in  the  profession.  Desault,  who  improved  on 
the  apparatus  for  fractures,  and  invented  a  splint  for  fractures 
high  in  the  femur,  was,  through  jealousy,  arrested  while 
delivering  one  of  his  lectures  in  the  theatre,  and  cast  into 
prison  ;  where  he  remained,  however,  but  a  few  days,  when  he 
was  released,  and  he  afterwards  received  many  official  honors. 
During  the  same  century,  when  surgery  had  made  but  little 
advance  in  the  British  Empire,  England  produced  Percival 
Pott,  and  Scotland,  John  Hunter,  boih  eminent  men.  Plunter, 
who  at  the  age  of  seventeen  years  was  working  at  cabinet- 
making  with  his  brother,  became  the  very  head  of  surgeons 
afterwards,  and  because  of  an  outspoken  charge  against  his 
colleagues  in  St.  George's  Hospital,  that  they  neglected  the 
proper  instructions  of  the  students  under  their  care,  brougjit 
out  a  ver^^  bitter  controversy,  which  was  frequently  repeated. 
During  one  of  these  heated  disputes  he  was  taken  with  one 
of  his  old  attacks  of  spasmodic  heart-disease,  and  in  a  few 
moments  expired.  Because  of  a  similar  charge  made  by  Dr. 
Swinburne  when  professor  of  clinical  surger}-,  against  some 
of  his  colleagues  in  the  Albany  Medical  College,  that  faculty 
found  it  convenient  to  their  own  comfort  not  to  remove  him, 
for  that  they  dared  not  do,  but  instead  abolished  the  chair 
he  filled.  But  the  doctor  did  not  die,  physically  or  profes- 
sionalljs  in  the  conflict,  and  has  lived  to  be  as  a  thorn  in  the 
sides  of  ignorant  and  unskilfid  surgeons,  who  are  powerless 
to  remove  him  from  his  high  position,  or  silence  him  profes- 
sionally because  of  his  superior  ability. 


REVOLUTIONIZING   SURGERY.  135 

Pott's  attention  was  more  partionliirly  directefl  to  the 
treatment  of  fractures,  of  which  he  had  some  painful  ex- 
perience in  his  own  ])crson,  liavin^  siistaiiu^d  a  com[)ound 
fracture  of  liis  leg.  His  own  knowledge  led  iiiin  to  ijelieve 
there  was  a  greater  success,  with  less  suffering  to  the  patient, 
to  be  attained  in  this  particular  branch  of  surgery ;  and,  as  a 
result  of  his  investigations,  another  step  in  advance  was  ac- 
complished. He  achieved  a  most  important  beneficial  reform 
in  the  profession  by  employing  the  cutting  instruments  with 
greater  caution  and  more  reserve,  and  showing  more  regard  to 
the  laws  of  nature.  As  a  straw  indicates  the  direction  of  the 
wind,  increasing  from  a  gentle  zephyr  to  a  destructive  hurri- 
cane, so  the  most  trivial  occurrences  in  life  have  given  us  the 
greatest  results.  Dr.  Swinburne  had  not  received  any  frac- 
tures ;  but  those  intimately  acquainted  with  him  may  have 
noticed  one  of  the  fingers  of  one  of  liis  hands  a  little  shorter 
than  natural,  because  of  having  lost  one  joint ;  and  it  is 
probable  that  the  maltreatment  of  that  finger  in  his  boy- 
hood, trifling  as  it  may  seem,  may  have  been  one  of  the  in- 
centives to  prompt  him  to  devote  his  talents  to  surgery,  which 
has  given  to  America  one  of  the  greatest  surgeons  of  the  age. 
Of  course,  like  his  learned  and  eminent  predecessors,  he  has 
been  the  object  of  bitter  professional  persecution,  which  at 
one  time  annojed  him,  but  now  has  no  more  force  than  a  dog 
barking  at  the  moon,  and  demonstrates  that  even  the  most 
idiotic  prefer  to  throw  stones  at  the  tree  which  bears  fruit, 
and  which  they  cannot  pull  down. 

The  names  of  Par^,  Desault,  Petit,  Pott,  and  Hunter  all 
live  in  history,  while  those  of  their  envious  persecutors  have 
been  forgotten,  just  as  John  Swinburne's  will  live  in  history 
when  the  facult}'-  who  opposed  and  endeavored  to  injure  him 
will  be  unheard  of,  as  they  are  now  unknown,  except  to  a 
small  and  very  limited  circle,  notwithstanding  their  herculean 
efforts  to  obtain  newspaper  notoriet3\  Dr.  Swinburne,  like 
the  eminent  men  referred  to,  found  time,  in  addition  to  the 
many  other  labors  he  performed,  to  prepare  and  contribute  to 
medical  literature  a  number  of  the  most  valuable  papers  of  the 
century  on  surgery  and  the  treating  of  diseases,  many  of  these 


136  A  TYPICAL  AMERICAN. 

calling  forth  the  highest  indorsement  from  the  medical  jour- 
nals ;  some  of  his  views,  like  those  advanced  by  his  learned 
predecessors,  arousing  discussions  among  the  profession,  and 
calling  forth  captious  criticism,  which  only  proved  the  supe- 
rior knowledge  of  the  writer. 

In  the  second  volume  of  the  "  Surgical  and  Medical  Re- 
porter "  IS  a  detailed  account  b}^  Dr.  O.  H.  Young,  house  sur- 
geon to  the  Albany  City  Hospital,  of  the  "  Exsection  of  the 
Middle  Third  of  the  Fibula,"  by  Dr.  Swinburne.  On  the  5th 
of  June,  John  Kane,  aged  fort3'-five  years,  was  admitted  to 
the  hospital.  Five  years  previously  he  began  to  be  annoyed 
by  a  deep-seated  pain  in  the  right  leg,  with  exacerbations  at 
night,  and  otherwise  presenting  the  characteristics  of  acute 
periostitis.  On  June  8  he  was  rendered  fully  unconscious 
by  chloroform  ;  and  Dr.  Swinburne  proceeded  to  operate  by 
making  an  incision  upon  the  bone  about  six  inches  in  extent, 
and  crossed  above  by  another  about  three  inches,  in  the  form 
of  a  T.  The  peroneal  muscles  and  inter-osseous  ligament  were 
then  dissected  off,  and  the  trephine  applied  above  and  below 
the  diseased  portion,  thus  separating,  with  the  aid  of  powerful 
bone  forceps,  a  section  of  the  fibula  measuring  four  and  a 
half  inches  in  length,  including  the  buttons  removed  by  the 
trephine,  three  inches  in  circumference  at  one,  and  three  and 
a  quarter  at  the  other  extremity.  This  portion  of  the  bone 
was  entirely  perforated  in  its  centre,  and  greatly  enlarged, 
roughened,  and  hardened  by  disease,  rendering  the  use  of  the 
trephine  a  very  laborious  task.  On  Aug.  8  the  leg  was  found 
to  be  entirely  healed,  with  the  exception  of  a  portion  about 
an  inch  in  extent,  which  was  not  yet  covered  with  skin.  No 
fistula  opening  could  be  found  in  this  ulcer.  The  patient  at 
that  time  was  hearty  and  strong,  slept  well,  and  had  a  good 
appetite  ;  was  entirely  free  from  pain,  and  walked  with  much 
less  halt  than  was  to  be  anticipated  so  soon  after  the  opera- 
tion. A  few  months  afterwards  he  was  entirely  restored,  and 
has  experienced  no  return  of  the  pain  since. 

In  the  third  volume  of  the  "  Medical  and  Surgical  Report- 
er," he  contributes  an  article  on  the  dislocation  of  the  radius 
(^forwards  and  upwards  on  the  humerus,  so  as  to  prevent  flex- 


REVOLUTIONIZING   SURGKRY.  ^^>1 

ion  of  the  arm  to  any  cf)ii.si(loral)l(;  oxiciit),  and  fiacture  of  the 
ulna,  with  mode  of  reduction  and  ti-eatnunit,  nine  weeks  after 
the  injury.  'J'his  was  tlie  ease  of  a  hoy  l)elonf^inf(  in  Denmark, 
Lewis  County,  N.Y.,  who  fell,  and,  striking  on  the  left  hand, 
produced  a  fracture  of  the  ulna  at  the  junction  of  the  second 
and  lower  third,  accompanied  by  a  distortion  which  was  not 
reduced.  Six  weeks  after  the  accident,  several  pjhysicians 
and  surgeons  who  were  consulted  advised  non-inteiference. 
Two  weeks  afterwards  Dr.  Swinburne  examined  the  arm 
at  the  seat  of  the  fracture,  when  he  found  the  ends  of  the 
ulna  overlappe(I,  and  united  at  an  angle  of  twenty-five  de- 
grees, the  upper  fragment  projecting  beyond  the  line  of  the 
bone,  so  as  to  produce  an  oblong  tumor  of  an  inch  in  length, 
and  lialf  an  inch  in  width,  almost  protruding  through  the 
skin.  With  a  view  to  reforming  this  deformity,  and  restor- 
ing the  usefulness  of  the  elbow,  the  patient  was  placed  under 
the  influence  of  chloroform,  and  the  ulna  seized  above  and 
below  the  fracture,  and  by  steady  efforts  the  union  broken 
up,  and  the  extremities  rendered  movable.  For  ultimate 
success,  it  was  necessary  to  maintain  permanent  extension, 
both  to  prevent  overlapping  of  the  ends  of  the  ulna,  and 
also  to  reduce  and  retain  the  head  of  the  radius  in  position, 
as  well  as  b}'^  a  constant  and  permanent  reductive  effort  to 
restore  the  symmetry  of  the  joint,  the  bones  being  constantly 
forced  towards  their  proper  places,  the  effusion  being  absorbed 
by  the  pressure.  To  effect  these  requirements,  an  apparatus 
was  contrived.  A  full  description  of  the  apparatus  is  given, 
and  the  principle  involved,  which,  he  said,  may  be  illustrated 
very  easily  by  simply  jolacing  a  bit  of  board  on  the  fore-arm, 
from  the  fingers  to  the  elbow,  fixing  it  at  the  joint  with  the 
other  hand,  and  then  flexing,  when  it  will  be  seen  that  the 
splint  extends  two  inches  or  more  beyond  the  fingers.  This 
splint,  or  apparatus,  was  applied  Oct.  24 ;  and  on  the  29th 
the  patient  was  able  to  bend  the  arm  to  an  angle  of  seventy- 
five  degrees,  so  that  the  hand  could  be  carried  up  to  the 
mouth,  with  the  limb  of  full  length,  and  the  head  of  the 
radius  in  its  normal  position.  When  the  patient  first  came 
to  Dr.  Swinburne  for  treatment,  the  head  of  the  radius  rested 


138  A   TYPICAL   AMERICAN. 

upon  the  anterior  face  of  the  humerus  about  one  inch,  and 
could  not  be  dislodged  till  the  ulna  was  broken  and  extended. 
Nine  days  after  the  splint  was  applied,  the  ends  of  the  ulna 
were  in  perfect  apposition,  with  perfect  freedom  of  motion  in 
flexion,  extension,  and  rotation ;  and  the  boy  left  for  home. 
In  that  article  he  stated  that  extension  could  be  obtained  by 
two  simple  boards  united  by  a  hinge,  and  padded  so  as  to  be 
comfortable ;  so  that  in  cases  of  emergency  an  extemporane- 
ous appliance  could  be  readily  procured. 

In  July,  1859,  he  contributed  an  article  to  the  "  Medical 
and  Surgical  Reporter  "  on  the  reduction  of  the  dislocation 
of  the  humerus  (arm-bone)  five  months  after  the  accident. 
This  was  an  interesting  case.  On  the  28th  of  June,  Anson 
Orrasby  of  Lewis  County  came  under  the  treatment  of  Dr. 
Swinburne,  twenty-three  weeks  and  three  days  after  the 
accident,  to  be  treated  for  a  dislocation  of  the  left  humerus 
from  the  shoulder  by  falling.  On  the  day  of  the  accident  a 
physician  treated  the  dislocation  who  believed  he  had  suc- 
ceeded in  restoring  the  head  of  the  bone  to  its  socket,  and 
pronounced  the  joint  perfect.  Six  weeks  afterwards  the  same 
physician  confirmed  his  former  opinion,  and  volunteered  to 
warrant  a  complete  success.  Nearly  twelve  Aveeks  after  the 
accident  the  same  physician,  on  an  examination,  declared  the 
shoulder  had  been  re-dislocated,  and  labored  three  hours  un- 
successfully to  reduce  it.  Six  weeks  afterwards  he  went  to 
Brovvnville  and  Watertown,  Jefferson  County,  to  seek  surgi- 
cal advice,  and  was  recommended  by  all  whom  he  consulted 
to  have  no  more  attempts  made  at  reduction,  inasmuch  as  it 
was  considered  irremediable  after  so  long  a  period  of  time. 
He  afterwards  applied  to  Dr.  Swinburne,  and  the  reduction 
was  effected  in  three-quarters  of  an  hour.  The  remarkable 
feature  in  this  case,  as  set  forth  in  the  article,  was  that  the 
length  of  time  between  the  date  of  dislocation  and  reduction 
was  more  than  twenty  weeks,  when  it  was  considered  that  dis- 
locations are  rarely  considered  reducible  after  three  months, 
and  that  the  deformity  did  not  appear  immediately  after 
reduction,  as  is  always  the  case  in  recent  dislocations.  The 
doctor,  after  detailing  the  methods  adopted,  asked,  "  Is  it  not 


REVOLUTIONIZING   SURGKRY.  139 

possible  that  siirfreotiH  may  he  sometimes  in  error,  in  cases  of 
long  Htiuidiiig,  IVoin  tlii.s  circuiTistiiiico,  and  tliat  cases  are 
sometimes  ahundoned  as  irremediahle  because  of  the  impos- 
sibility of  restoring  immediate  symmetry,  whereas,  by  secur- 
ing the  parts  as  accurately  and  firmly  as  possible,  the  deformity 
may  gradually  j)ass  away,  as  absorption  of  deposited  matter 
progresses,  and  the  head  of  the  bone  settles  more  and  more 
accurately  into  its  natural  position?" 

In  the  fourth  volume  of  the  same  work  is  an  interesting 
paper  by    Dr.  Swinburne    on  the  reduction  of  a  dislocated 
humerus  after  eighteen  weeks.     On  Oct.  13,  1859,  William 
Sutliff  of  Brockett's  Bridge,  Herkimer  County,  was  thrown 
from  his  wagon,  and  the  arm  near  the  shoulder-joint  frac- 
tured.    In  two  months  after  the  fracture  had  been  reduced 
he    had   gained  the  use  of   his  arm,  with  the  exception  of 
utter  inability  to  extend  it  from  him,  or  raise  it  to  a  hori- 
zontal position.     The  attending  physician,  Dr.  Walker,  sus- 
pected the  cause,  and,  on  making  a  thorough  examination  on 
the  1st  of  January,  discovered  that  the  humerus  was  dislo- 
cated downwards  and  forwards.     He  was  brought  under  the 
charge  of   Dr.   Swinburne    on    the    18th    of   February,    and 
on   the    21st   rendered    insensible   by  means  of  chloroform. 
The  relations  of  the  morbid  structures  of  the  shoulder  were 
accurately  diagnosed  ;  the  head  of  the  humerus  lying  in  the 
axilla,  as  in  ordinary  dislocations,  downwards  and  forwards. 
The  head  of  the  bone  was  considerably  thickened,  and  there 
were  indications  of  great  deposits  of  fibrine  in  and  about  the 
axilla ;  so  that  the  motion  of  the  arm  was  greatly  limited. 
Efforts  were  made  to  reduce  precisely  as  in  ordinary  recent 
cases.     But,  undoubtedlj^  from    obliteration    of  the  glenoid 
cavity  deposits,  the  head  of  the  bone  would  not  remain  in 
situ  when  the  extension  and  other  reductive  efforts  were  re- 
laxed.    He    then   had  recourse    to  permanent  and  constant 
means  which  he  had  made  use  of  in  similar  cases  with  unex- 
pected results.     About  the  15th  of  May,  Mr.  Sutliff  returned 
home  under  general  instructions,  and  placed  himself  under 
the   care   of  Dr.  Walker,  who  afterwards  wrote   Dr.   Swin- 
burne,— 


140  A   TYPICAL   AMERICAN. 

"T  continued  the  dressing  you  had  applied,  re-dressing  about 
every  otlier  da}',  till  the  9th  of  April.  ...  I  then  discon- 
tinued all  dressing,  and  advised  him  to  use  tlie  arm  moderately, 
which  lie  has  been  doing  ;  and  he  is  now  working  some  at  his 
trade  (boot  and  shoe  making),  chopping  wood,  planting,  etc., 
and,  on  the  whole,  regards  his  case  as  a  providential  cure.'''' 

This  paper,  like  others  by  the  doctor,  gives  a  minute  and 
comprehensive  detail  of  the  case  and  the  treatment,  and  is  of 
interest  to  the  profession. 

There  are  a  number  of  cases  similar  to  these  to  be  found 
in  the  practice  of  Dr.  Swinburne  in  the  county  of  Albany, 
and  other  parts  of  the  State,  which  would  be  termed  remarka- 
ble if  published  in  the  books,  but  which  have  never  been 
given  to  the  public.  As  a  sample,  we  give  the  case  of  Mr. 
William  Doyle,  a  stove-manufacturer  in  the  city  of  Albany, 
a  gentleman  weighing  over  two  hundred  pounds,  as  related 
to  the  writer  by  Mr.  Doyle  himself.  In  1857  he  was  thrown 
on  the  Troy  road,  and  the  shoulder  dislocated  downwards, 
resting  on  the  nerves.  A  professor  in  the  Albany  Medical 
College  was  called,  and  claimed  that  he  had  reduced  the  frac- 
ture. For  several  months  afterwards  Mr.  Doyle  suffered  the 
most  exci-uciating  pain,  with  the  flesh  badly  swollen  and  the 
skin  colored.  Unable  to  bear  it  longer,  he  called  in  Dr.  Swin- 
burne, who,  on  an  examination,  found  that  the  dislocation  had 
not  been  reduced  ;  that  the  joint,  instead  of  being  in  the  socket, 
was  off  to  one  side  ;  and  that  the  bones  had  grown  together 
in  this  unnatural  position.  By  the  use  of  rubber  extension 
and  counter-extension.  Dr.  Swinburne  tore  the  parts  apart 
again,  and  properly  reduced  the  dislocation  to  its  normal 
condition,  Mr.  Doyle  saying  it  required  the  power  of  ten 
men  to  break  it  apart.  Notwithstanding  the  pressure  was 
thus  removed  from  the  nerves,  it  was  several  months  before 
the  nerve-power  of  the  hand  was  restored,  or  the  pain  sub- 
dued. He  considers  his  ever  having  the  use  of  his  arm  still 
a  matter  of  surprise  to  him  ;  and  although  he  has  the  use  of 
his  arm  and  fingers,  and  can  lift  with  the  arm  as  with  the 
other,  owing  to  the  bone  having  so  long  rested  while  out  of 
place  on  the  nerves,  he  cannot  put  his  hand  to  the  back  of 
his  head,  or  hold  it  up  for  any  length  of  time. 


REVOLUTIONIZING   SURGERY.  141 

Anotlier  similar  case  was  tliat  of  a  Mrs.  Jones,  who  was 
treated  by  a  profcissor  of  the  college  and  another  physician 
for  a  dislocated  slioiilder.  Months  afterwards  it  was  exam- 
ined l)y  Dr.  Swird)unH!  and  another  physician,  and  was  found 
to  be  out  of  joint,  and  resting  down  on  the  nerve.  The  dis- 
location was  then  reduced  ;  but,  owing  to  the  time  it  had 
been  out  of  joint,  the  nerve-power  of  the  hand  was  destroyed. 
An  action  for  damages  was  brought  by  Isaac  M.  Lawson 
against  one  of  the  physicians,  and  a  verdict  of  two  thousand 
dollars  recovered. 

Another  instance  where  the  doctor  was  called  to  attend  a 
similar  professional  error,  as  told  to  the  writer,  was  that  of  a 
lady  over  seventy  years  of  age,  who  had  sustained  a  disloca- 
tion of  the  shoulder,  and  had  been  treated  by  another  profes- 
sor and  an  assisting  phj'sician,  who  dressed  the  shoulder  in 
plaster  of  Paris.  A  month  afterwards  they  removed  the 
dressing,  and  declared  it  had  been  again  dislocated.  Six 
months  after  this.  Dr.  Swinburne  was  called  by  the  lady's 
friends,  and  asked  to  remedy  the  wrong.  Notwithstanding 
his  desire  to  give  comfort  and  ease  to  all,  owing  to  the  ad- 
vanced age  of  the  woman,  and  the  length  of  time  that  had 
elapsed,  he  declined  to  make  the  effort. 

These  are  but  specimens  that  might  be  cited  ad  infinitum^ 
notwithstanding  Dr.  Swinburne's  assertion  "that  the  reduc- 
tion of  dislocations  has  been  made  very  simple  :  "  and  he  sug- 
gests the  adoption  of  one  of  two  alternatives;  i.e.,  that  those 
who  undertake  the  reduction  of  dislocations  or  fractures,  or 
the  treating  of  the  sick  or  maimed  in  any  manner,  should 
either  qualify  themselves  for  the  work,  or  refrain  from  in  any 
emergency  interfering  with  that  most  delicate  creation  of  the 
Maker  "  so  strange  and  wonderfully  made." 

In  the  "  Reporter "  of  December,  1860,  he  had  an  article 
on  entomology  pins  versus  metallic  and  other  sutures.  In 
this  paper  he  presented  the  use  of  the  pin  as  a  universal 
substitute  for  all  other  forms  of  suture  when  applied  to  the 
external  surface  of  the  body,  not  even  eccepting  the  metallic 
thread.  They  produce,  he  argued,  no  irritation  of  the  tissues, 
and  consequently  do  not  interfere  with  the  process  of  union, 


142  A   TYPICAL   AMERICAN. 

though  introduced  at  intervals  no  greater  than  a  quarter  of 
an  inch.  The  introduction  of  small  entomology  pins,  he 
chiimed,  is  attended  witli  but  little  pain  in  comparison  with 
that  produced  by  the  passage  of  a  needle  and  thread  ;  and, 
by  the  use  of  the  pins,  the  edges  of  a  wound  can  be  ap- 
proximated in  the  nicest  possible  manner  by  means  of  the 
thread,  as  used  in  ordinary  harelip  operations ;  so  that  union 
by  the  first  intention  is  more  sure  to  follow  than  in  case  of 
any  simple,  interrupted,  or  even  qailled  sutures.  He  added, 
"  The  advantages  of  this  dressing  are  particularly  manifest 
when  applied  to  the  face  and  head,  obviating  the  necessity 
of  adhesive  plaster  and  similar  appliances,  and  obtaining  the 
most  perfect  approximation  without  special  fear  of  erysipelas, 
unseemly  cicatrices,  or,  in  scalp  wounds,  the  sacrifice  of  hair. 
For  my  own  part,"  he  said,  "  I  am  in  the  habit  of  using  this 
dressing  for  every  operation  where  it  is  important  or  desira- 
ble to  obtain  union  by  first  intention,  such  as  amputations 
of  limbs,  tumors,  etc.:  in  fact,  wherever  the  thread-suture  is 
applicable,  the  pin  is  equally  so.  In  consequence  of  its  non- 
irritating  character,  I  am  in  the  habit  of  applying  it  where  I 
should  deem  it  imprudent  to  insert  a  thread."  After  treating 
fully  of  the  benefits  to  be  derived,  both  surgicall}^  and  in  mat- 
ter of  cost,  and  giving  a  minute  description  of  the  method  of 
using  the  pin,  he  concluded  his  article  by  saying,  "  After  one 
year's  constant  experience  with  the  pins,  I  should  be  loath  to 
resume  the  use  of  the  old  suture." 

With  that  peculiar  idiosyncrasy  that  actuated  a  portion  of 
the  Albany  profession  at  that  time,  —  a  desire  to  find  a  flaw  in 
the  works  or  practice  of  Dr.  Swinburne,  —  they  cried,  "Now 
we  have  him !  "  and  one  of  the  number,  ashamed  or  afraid  to 
disclose  his  individuality,  rushed  into  print  with  the  idiom 
peculiar  to  them,  and,  under  the  cognomen  of  "  Subscriber," 
said,  "the  communication  was  at  least  five  3^ears  behind  the 
times."  The  editor,  after  publishing  "  Subscriber's "  com- 
ments, in  a  few  lines  at  the  end  disposed  of  the  criticism  by 
saying,  in  substance,  that,  prior  to  Dr.  Swinburne's  article, 
there  had  been  no  articles  published  in  which  the  use  of  the 
entomology  pins  was  recommended  as  a  universal  substitute 


REVOLUTIONTZING   SURGERY.  14'> 

for  all  kinds  of  sutures,  and  tlicn  dropped  the  subject  on  the 
piinci|)le,  ex  nilulo  nihil  fit  ("  nothing  comes  of  nothing";. 

In  the  large  practice  of  Swinburne's  Dispensary  in  Albany, 
no  other  dressing  is  used  in  these  wards  than  pins,  where 
thousands  upon  thousands  have  been  used ;  and  the  doctor 
has  never  seen  any  of  tlio  evil  results  of  lockjaw,  erysipelas, 
or  other  unfavorable  results  ;  and,  indeed,  he  has  never,  in 
all  his  extensive  practice,  had  but  three  cases  of  lockjaw, 
and  these  were  the  result  of  dampness  and  cold  in  the  homes 
of  the  patients. 

Brief  and  concise  papers  of  valuable  importance  to  the  pro- 
fession, on  other  subjects  pertaining  to  medical  jurisprudence 
besides  surgery,  have  been  from  time  to  time  contril)uted ; 
among  them,  treatises  on  cholera,  small-pox,  and  yellow-fever, 
and  papers  on  short  and  displaced  femur,  the  cause  of  retarded 
labor,  cases  of  rupture  of  the  uterus,  and  on  errors  of  diagnosis 
in  cases  of  pregnancy.  On  the  last  thesis  he  said,  "  Do  not  take 
the  opinions  of  any  one  of  the  profession,  nor  of  every  person 
in  it,  or  you  will  be  constantly  deceived  ;  do  not  interfere  with 
a  doubtful  case  of  pregnancy,  especially  where  the  patient's 
health  is  not  impaired  by  the  cessation  of  menstruation." 

In  1859  he  read  a  paper  before  the  New-York  State  Medi- 
cal Societ}'  on  the  treatment  of  fractures  of  the  femur  by 
simple  extension,  ignoring  splints  and  bandages,  and  related 
the  histories  of  twenty-five  cases,  which,  in  his  hands,  had 
resulted  better,  with  more  rapid  recoveries,  and  more  comfort 
to  the  patient,  than  he  had  been  able  to  attain  by  any  other 
means.  In  1861  he  presented  another,  in  which  he  advanced 
the  idea  that  the  same  method  could  be  applied  to  the  treat- 
ment of  fractures  of  all  the  long  bones  with  equal  success ; 
and  also  that  splints  and  bandages  per  se  were  useless,  and 
in  many  instances  worse  than  useless,  if  not  absolutely  in- 
jurious, except  they  are  used  as  media  by  which  the  muscles 
are  kept  on  a  stretch,  and  even  then  should  not  be  so  used 
.  as  to  nompress  the  soft  tissues,  or  retard  circulation.  These 
papers  attracted  universal  attention  among  the  profession,  and 
were,  in  addition  to  being  published  in  the  annual  report  of 
the  society,  republished  in  the  New-York  •'  American  Medi- 


144  A   TYPICAL    AMERICAN. 

cal  Times  "  and  the  Philadelphia  "  Medical  and  Surgical  Re- 
porter." These  articles,  giving  a  treatment  not  commonly 
known  to  traditional  surgery,  aroused  the  slumbering  Rip  Van 
Winkles  of  the  medical  profession,  who  believed  the  doctrines 
were  erroneous  because  they  were  not  found  in  the  books ; 
and  to  their  author  was  the  same  spirit  manifested  as  to 
Galileo  when  he  declared  that  the  world,  rather  than  the  sun, 
revolved.  Among  those  to  declare  their  unbelief  in  these 
articles,  or  the  mode  proposed  for  the  treatment  of  fractures 
of  the  long  bones  by  extension,  was  O.  C.  Gibbs,  M.D.  In 
these  papers,  Dr.  Swinburne  claimed,  by  actual  experience, 
that  the  practical  surgeon  required  no  appliances  for  the 
treatment  of  fractures  of  long  bones  except  such  as  are  extem- 
poraneously made ;  and  that  the  same  can  be  said  of  the 
treatment  of  fractures  occurring  in,  or  in  close  proximity  to, 
any  joint,  such  as  intracapsular  fracture  of  the  neck  of  the 
femur,  Colle's  fracture  of  the  radius,  those  involving  the 
elbow-joint,  the  surgical  neck  of  the  humerus,  compound 
dislocation  and  fracture  of  the  ankle-joint,  compound  frac- 
ture of  the  tibia  and  fibula,  etc. ;  and  that  the  same  is  true  of 
diseased  hip-joint,  morbus  coxarius,  and  also  incipient  knee- 
joint  disease.  "  It  has  been  said,"  said  the  doctor,  "  that 
accident  makes  the  man,''''  and  then  asked,  "Would  accident 
make  the  man  if  he  had  not  the  knowledge  to  take  advan- 
tage of  the  circumstances?"  He  added,  "I  can  conceive 
how  accident  might  give  us  wealth  ;  but  accident  developing 
wealth  or  social  position,  and  accident  developing  one's  mental 
and  scientific  resources,  are  two  things  quite  separate  and 
distinct." 

In  treating  of  the  use  of  splints  and  the  necessity  of  ex- 
tension, he  said,  "  All  that  Nature  requires  for  perfect  union 
of  bone  is  rest  and  a  moderate  degree  of  excited  action,  while 
all  pressure  by  splints,  bandages,  etc.,  only  impedes  the  pro- 
cess of  reparation  ;  and  this  pressure,  in  my  opinion,  is  a 
prolific  cause  of  non-union." 

The  true  use  of  splints,  he  held,  should  be  to  keep  the  frac- 
tured ends  of  the  bone  in  apposition  by  placing  the  muscles 
on  the  stretch,  and  thereby  making  them  the  true  splints. 


REVOLUTIONIZING   SUROKRY.  145 

The  experiments  of  Held  and  others  show  that  muscles  are 
not  susceptible  of  being  stretched  beyond  their  normal  capa- 
city ;  that,  when  so  stretched,  they  are  capable  of  bearing 
great  lateral  pressure  without  mucli  deflection ;  and  any 
attempt  at  undue  lateral  pressure  results  in  rupture  of  the 
muscular  substance. 

"While  Nature,"  said  the  doctor,  "requires  rest  for  bony 
union,  she  requires  also  perfect  apposition  for  union  without 
deformity.  How  is  apposition  to  be  effected?"  he  asked. 
"  We  start  with  the  knowledge  that  a  living  muscle  cannot 
be  extended  beyond  its  normal  capacity,  and  that  any  attempt 
to  go  beyond  this  not  only  provokes  resistance,  but  a  tearing 
of  the  muscles.  Take,  for  instance,  a  fractured  thigh  :  exten- 
sion on  the  extremity  b}'  a  strong  man  will  stretch  the  mus- 
cles to  their  normal  length  only,  which  fact  can  be  shown  by 
the  most  careful  measurement,  thus  proving  that  the  danger 
of  too  much  extension  is  only  imaginary.  Assuming  the  posi- 
tion," he  said,  "that  the  extended  muscles  act  as  permanent 
adjusters  of  broken  bones,  and  are  in  reality  the  only  means 
by  which  the  fracture  is  maintained  in  apposition,  I  ask, 
Of  what  use  are  all  the  mechanical  appliances  and  appara- 
tus called  '  surgical  splints,'  if  not  to  effect  the  above-named 
results  ?  The  splint,  beyond  this,  possesses  no  practical 
worth :  on  the  contrary,  it  is  apt,  by  its  too  careful  adjust- 
ment, to  impede  the  reparative  process  by  interfering  with 
the  proper  circulation  of  the  proper  part.  .  .  .  Then  we  may 
say  that  in  extension  the  living  muscles  and  other  investments 
of  the  bone  are  the  true  splints,  and  that  there  is  but  little 
exception  to  this  principle  being  universally  applicable.  As 
for  myself,  I  employ  this  treatment  indiscriminately,  and  I 
only  ask  my  professional  brethren  who  have  the  opportunity 
to  try  it,  to  do  the  same,  and  I  am  sure  they  will  be  able  and 
willing  cheerfully  to  bear  witness  to  its  entire  efficiency,  as 
have  my  friends,  Drs.  Thom  of  Troy,  McLean  of  the  Marshall 
Infirmar}',  Troy,  Whitbeck  of  West  Troy,  and  Willard  of 
Albany." 

He  then  proceeded  at  length  to  demonstrate  minutely  the 
ground  taken,  that  fractures  of  the  thigh  or  leg  can  be  treated 


146  A  TYPICAL  AMERICAN. 

effectively  simply  by  a  perineal  belt,  and  extension  from  the 
foot,  and  asserted  that  the  method  challenges  comparison 
with  the  results  of  the  most  complex  machinery  of  splints 
and  bandages,  and  proved  his  deductions  from  about  thirteen 
years'  experience  in  private  practice  in  the  treating  of  frac- 
tures to  be  correct,  in  that  in  over  forty  cases  of  fractures  of 
the  femur  and  tibia,  by  extension,  in  no  instance  was  there  a 
shortening  of  over  half  an  inch  (and  this  the  result  of  inat- 
tention), while  in  a  large  majority  there  was  no  shortening  at 
all.  He  claimed  there  were  many  objections  to  the  proposed 
elastic  extending  and  counter-extending  bands  with  weights 
and  pulleys  :  among  these,  that  it  admits  of  spasmodic  contrac- 
tion of  the  muscles  ;  that  it  presumes  all  muscular  tissues  are 
equal  in  tone  and  strength,  which  he  held  was  by  no  means 
the  fact ;  and  that,  were  there  to  be  applied  a  trifle  too  much 
weight,  the  object  would  be  defeated  by  absolute  separation 
of  the  bone. 

Up  to  the  time  that  Dr.  Swinburne  presented  this  paper, 
we  have  failed  to  find  in  any  of  the  medical  journals  any  ac- 
count of  where  any  surgeon  had  assumed  to  use  extension 
for  any  fractures  except  that  of  the  thigh,  and  of  no  attempts 
to  treat  the  thigh  without  some  of  the  long  splints  and  ban- 
dages. And  even  now,  with  the  experience  that  time  has 
given,  only  the  more  advanced  scientific  men  have  adopted 
extension  for  all  the  long  bones,  and  the  dispensing  of  splints 
and  bandages,  except  where  plaster  of  Paris  is  used.  A  few 
years  afterwards,  in  according  "  honor  to  whom  honor  was 
due,"  Dr.  Louis  A.  Sayre,  professor  of  surgery  in  Bellevue 
Hospital,  said,  "Dr.  Swinburne  was  the  first  to  introduce  the 
principle  of  extension  and  counter-extension  in  the  treatment 
of  fractures  before  the  profession." 


CHAPTER  XII. 

CONSERVATIVE    SURGERY. 

Only  Advance  in  Forty  Years.  —  Resection  of  Joints.  —  Condemning  Ampnta- 
tion  for  Fracture.s.  —  Ingenuity  and  Common  Sense. — That  Young  Sur- 
geon.—  A  Cliallonge  not  accepted. — No  Splints,  no  Bandages. —  Spicy 
Correspondence.  —  A  Successful  Hobby.  —  Convincing  Proofs. — Human- 
ity's Friend. 

With  many  of  the  old  practitioners  in  the  science  of  the 
healing  art,  every  attempt  at  progress  in  the  philosophy  of  the 
profession,  counter  to  what  has  been  published  in  the  books 
and  accepted  as  established  practice,  is  regarded  as  reductio  ad 
absurdum;  and  every  new  induction  or  appliance  is  held  as  an 
experimentu^n  crusis.  But  Dr.  Swinburne  believed  the  true 
physician  and  surgeon,  while  alwaj'^s  availing  himself  of  the 
best  methods  suggested  by  others,  should  always  be  watchful 
for  even  better  methods,  and,  using  his  own  practical  observa- 
tions, be  enabled  to  discover  in  this  age  of  progress  some 
means  that  may  tend  better  to  the  accomplishing  of  the  ends 
aimed  at,  fully  realizing  that  in  this  branch  of  science  perfection 
had  not  yet  been  attained.  In  private  and  hospital  practice  he 
had  seen  and  taken  an  active  part  in  many  steps  in  advance. 
But  a  new  theatre  of  labor  had  opened,  and  war  gave  him  a 
greater  opportunity,  and  again  he  made  use  of  the  knowledge 
acquired. 

That  the  experience  of  Dr.  Swinburne  in  conservative 
surgery  in  his  private  practice  and  in  hospitals,  as  well  as  in 
our  Rebellion  and  in  the  Franco-Prussian  war,  was  productive 
of  good  results,  better  than  from  any  other  method,  was 
affirmed  by  Dr.  S,  D.  Gross,  professor  of  clinical  surgery  in 
Jefferson  College,  Pennsylvania,  embodying  this  treatment 
in  his  surgical  work ;  and  in  one  of  his  lectures  before  the 
students,  entitled  "  Now  and  Then,  or  Forty  Years  Ago  and 
Now,"  he  said,  in  giving  the  names  of  men  who  had  made 


148  A   TYPICAL  AMERICAN. 

progress  in  siirger}^  "  that  the  only  progress  made  in  the 
treatment  of  fractures  during  that  time  had  been  made  by 
Dr.  Swinburne  and  another."  Less  than  forty  years  before 
Professor  Gross  made  that  statement,  Benjamin  Rush,  M.D., 
professor  of  medicines  and  clinical  fractures  in  the  Univer- 
sity of  Pennsylvania,  published  a  work  in  1835,  nearly  ten 
years  before  Dr.  Swinburne  commenced  the  study  of  medicine, 
on  the  diseases  of  the  mind,  in  which  he  said,  "  The  objects 
of  fear  are  of  two  kinds,  —  reasonable  and  unreasonable.  The 
reasonable  are  fear  of  death  and  surgical  operations."  He 
said,  "  The  fear  of  a  surgical  operation  may  be  very  much 
lessened  by  previous  company  and  a  large  dose  of  opium.  Its 
pain  may  be  mitigated  by  the  gradual  application  of  the 
knife,  and,  in  tedious  operations,  by  short  intermissions  in  the 
use  of  it." 

In  an  address  before  the  Albany  Medical  College  in  1874, 
Dr.  Swinburne  said,  "  It  is  well  known  that  the  majority  of 
surgical  cases  which  a  young  practitioner  is  called  upon  to 
attend  are  fractures  and  dislocations.  The  reduction  of  the 
latter  has  been  made  very  simple ;  but,  with  respect  to  the 
treatment  of  the  former,  I  propose  to  enter  into  a  somewhat 
detailed  history,  especially  in  regard  to  the  progress  made  in 
the  application  of  principles.  Looking  back,  we  can  easily 
recall  with  what  dread  and  anxiety  all  kinds  of  fractures  were 
once  approached  by  the  student  of  medicine.  The  danger  of 
bad  results,  and,  more  especially,  the  comj)licated  machinery 
deemed  necessary  to  acomplish  even  passable  results,  were 
obstacles  difficult  for  him  to  surmount." 

The  attention  of  the  profession  was  more  than  commonly 
attracted  to  conservative  surgery  during  our  Rebellion ;  and 
in  an  article  treating  of  surgery  on  the  battle-field,  the 
"  Medical  and  Surgical  Reporter  "  said  editorially  on  Oct.  25, 
1862,  — 

"  The  temptations  to  perform  capital  operations  are  some- 
times very  great,  and  particularly  so  to  the  young  surgeon 
on  the  battle-field  during  a  sanguinary  engagement.  Under 
these  circumstances,  conservative  surgery  offers  its  claims 
under  great  disadvantages.     But  a  determined  will  may  over- 


CONSERVATIVE  SURGKUY.  149 

come  many  seeming  impossibilities,  and  limbs,  and  life  too,  be 
saved  by  delil)eratioti  and  care.  Where  there  is  a  possil)ility 
that  a  limb  may  b(!  saved,  the  patient  should  have  the  bene- 
fit of  great  deliberation  before  it  is  decided  to  remove  it  (a 
right  conced(!d  even  a  (jriminal).  .  .  .  We  have  been  led  into 
this  train  of  thought  j)artly  by  witnessing  the  results  of  the 
deliberation  and  forethought  that  characterized  the  manage- 
ment of  the  United-States  Military  Field  Hospital  at  Savage 
Station,  Va.,  while  it  was  under  the  care  of  Dr.  Swinburne 
of  Albany,  N.Y.  His  praise  is  on  the  lips  of  many  of  the 
wounded  troops  who  were  in  that  hospital,  and  who  have 
since  found  their  Avay  to  the  iiospitals  in  this  city  [Phil- 
adelphia], We  have  seen  limbs  that  were  badly  wounded, 
in  which  amputation  seemed  almost  unavoidable,  but  which 
were  saved  in  spite  of  all  the  disadvantageous  circumstances 
that  followed  their  dressing.  A  few  daj^s  ago  we  met  one 
man  belonging  to  a  New- York  regiment,  who  had  the  upper 
portion  of  the  humerus  shattered  by  a  minie-ball.  How 
few  surgeons  on  the  battle-field  would  have  thought  of  any 
thing  but  amputf.tion  in  this  case !  Yet  exsection  of  the 
humerus  was  performed  [by  Dr.  Swinburne],  several  inches 
of  bone  removed,  and  dressing  applied ;  and  the  man  passed 
through  all  the  ordeals  mentioned  above,  and  now  has  an  arm 
that  is  useful  for  many  purposes.  He  does  not  even  ask  his 
discharge  from  the  army,  but  intends  going  home  on  a  short 
furlough,  and  then  entering  the  cavalry  service,  where  he 
says  he  can  manage  his  horse  with  the  injured  arm,  and  wield 
a  sword  with  the  sound  one.  How  much  better  that  than 
amputation  at  the  shoulder-joint !  " 

In  1862  Dr.  Swinburne  presented  another  addition  to 
medical  and  surgical  literature  in  an  able  paper  on  resection 
of  joints,  and  conservative  surgery  in  place  of  amputation, 
where  otherwise  amputation  would  be  considered  necessary. 
This  was  published  in  the  "  Proceedings  of  the  New- York 
State  Medical  Society  "  of  1863,  and  largely  copied  in  the 
medical  journals.  The  "  American  Medical  Journal "  of 
Nov.  4,  1863,  said  of  it, — 

"The  section  on  resection  of  joints,  and  conservative 
surgery,  is  an  able  defence  of  exsections  as  opposed  to  amputa- 
tions, and  a  judicious  discrimination  of  the  rules  that  should 
be  observed  in  the  selection  of  cases  and  performing  the 
operation.     We    most   heartiW  concur  in  the    opinions   put 


150  A   TYPICAL   AMERICAN. 

forward,  and  can  only  hope  that  they  will  be  widely  circulated 
in  the  army,  where  they  must  be  productive  of  good  results. 
The  simple  truth  seems  to  be,  that,  in  wounds  of  the  upper 
extremities,  amputations  should  rarely  be  performed.  Moth- 
ing  but  life  can  compensate  the  loss  of  the  arm.  Without 
the  overpowering  weight  of  statistics  which  Dr.  Swinburne 
brings  to  his  aid,  we  should  be  prepared  to  accept  his  argu- 
ments as  conclusive." 

Of  the  same  paper  the  "  Medical  and  Surgical  Reporter  "  of 
Feb.  13,  1863,  said,— 

"  We  commence  in  this  number  the  publication  of  one  of 
the  most  valuable  and  interesting  papers  we  have  ever  given 
to  our  surgical  readers.  We  refer  to  Dr.  Swinburne's  admir- 
able report.  The  paper  is  of  especial  value  to  surgeons  in  the 
array  and  navy  just  at  this  time,  and  we  would  call  the 
especial  attention  of  our  numerous  readers  in  the  public 
service  to  it." 

In  this  paper  Dr.  Swinburne  treated  of  resection  of  joints ; 
removal  of  the  shattered  fragments  of  the  shaft,  and  sawing 
off  the  rough  ends  of  the  same  ;  amputation,  when  and  where 
necessary  in  preference  to  resection  or  excision  ;  the  relative 
mortality  of  the  two  operations  as  performed  on  the  upper 
extremities;  the  cause  of  so  much  distrust  as  to  the  practica- 
bility of  exsections  in  the  field ;  and  held  that  the  objections 
to  exsections,  partial  or  complete,  on  the  field,  are  equally 
applicable  to  amputations,  or  any  other  severe  operation,  if 
not  performed  at  the  proper  period.  With  reference  to  exsec- 
tions of  the  upper  extremities,  he  argued  that  there  were  no 
circumstances  which  weigh  against  this  operation  that  could 
not  with  equal  propriety  be  urged  against  amputations.  In 
the  former  operation,  in  the  first  or  primary  stage,  the  mor- 
tality is  less  than  from  the  second  or  congestive  stage ;  so 
that,  if  either  be  performed  in  the  congestive  stage,  the  dan- 
ger of  gangrene  is  at  best  as  great  from  the  latter  as  the 
former.  The  same  is  true  of  either,  if  performed  in  the  third 
or  suppurative  stage.  He  claimed  that  it  was  not  true  that 
exsection  predisposes  the  system  any  more  to  an  attack  of 
tetanus  than  does  amputation,  nor  does  the  performance  of 
either  of  them   exempt  the  wounded  man  from  this  fearful 


CONSEKVATIVE  SURGEUY.  151 

disease :  in  otlier  words,  amputation  is  as  often  followed  by 
tetanus  as  exsection.  "  Some,"  he  said,  "  object  to  this  opera- 
tion fexsection]  because  it  requires  so  much  time.  Now,  I 
contend,  that,  if  we  are  good  dissectors,  it  requires  very  little 
more  time  to  excise  a  joint  than  to  amputate.  As  instances 
of  the  rapidity  with  which  these  operations  can  be  performed, 
1  exsected  four  shoulder-joints,  and  ligatured  the  bleeding  ves- 
sels^ in  one  hour.  I  trust  that  this  is  as  rapidly  as  ^y  one 
can  amputate  at  the  shoulder-joint.  In  my  own  operations," 
he  added,  "I  have  the  satisfaction  of  stating  to  the  world  that 
I  only  amputated  two  arms,  and  they  were  torn  off  by  shells 
or  solid  cannon-shot." 

He  held,  as  a  rule,  that  excision  (in  military  surgery)  should 
be  confined  to  the  upper  extremities ;  the  shoulder  and  elbow 
being  the  principal  parts  upon  which  that  operation  should 
be  practised,  and  never  at  the  shaft.  The  treatment  of 
compound  and  comminuted  fractures  of  the  thigh  becomes  a 
matter  of  serious  consideration,  since  it  involves  many  mt- 
portant  points.  "Excision  of  the  shaft  is  evidently  out  of  the 
question,"  he  said,  "since  all  die  after  the  operation.  The 
question  then  arises.  Shall  we  amputate,  or  shall  we  treat  such 
cases  as  ordinary  compound  fractures?  I  prefer  the  latter, 
and  have  from  the  first  thought  it  the  most  reasonable  treat- 
ment. The  plan  I  propose  is  to  treat  the  patient  on  a  bed  or 
stretcher ;  extend  the  limb  as  near  as  possible  to  its  normal 
length  without  giving  too  great  pain  ;  retain  it  in  that  position 
by  fastening  to  the  foot  of  the  bed  or  stretcher  by  means  of 
adhesive  plaster,  as  in  ordinary  compound  fractures,  as  I  have 
on  various  occasions  illustrated  ;  make  the  counter-extension 
thereon  by  converting  the  bed  or  stretcher  into  an  inclined 
plane  by  elevating  the  foot,  against  which  the  body  impinges, 
fastened  to  the  head  of  the  bed  or  stretcher.  To  obviate  in- 
version or  eversion  of  the  foot,  place  bags  of  sand  on  each 
side  of  the  foot.  There  should  be  no  bandage  of  the  leg  or 
thigh.  If  collection  of  matter  should  follow,  free  incision 
may  become  necessary  to  relieve  constrictions,  and  to  facilitate 
the  discharge  of  such  matter  and  spiculae  of  bone.  Irriga- 
tion, or  the  application  of  cloths  wet  in  cold  or  warm  water. 


152  A   TVPrCAL   AMERICAN. 

depending  on  the  season  of  the  year,  must  be  continued  to 
the  limb  until  inflammation  has  passed  off." 

W.  van  Steinburgh,  M.D.,  siiigeon  to  the  Fifty-fifth  New- 
York  State  Volunteers,  in  his  report,  said,  "  Out  of  twenty- 
one  cases  of  compound  and  comminuted  fractures  of  the 
thigh,  taken  indiscriminately,  nineteen  recovered  with  toler- 
ably useful  limbs.  My  plan  of  treatment  has  been  by  simple 
extension,  as  taught  me  by  Dr.  Swinburne."  Of  twelve 
amputations  performed  by  Dr.  Van  Steinburgh,  ten  died;  and, 
of  thirteen  excisions  of  the  shaft,  all  but  one  resulted  fatally. 

In  the  fifth  volume  of  "  Holmes's  System  of  Surgery,"  by 
various  authors,  Carston  Holthouse,  surgeon  to  the  West- 
minster Hospital,  in  a  treatise  on  injuries  to  the  lower  ex- 
tremities, in  the  section  on  fractures  of  the  femur,  refers 
to  the  cases  cited  b}-  Dr.  Van  Steinburgh,  their  treatment  and 
results,  and  details  the  methods  used.  He  fails,  however, 
perhaps  from  professional  jealousy,  —  a  failing  with  many  of 
the  English  as  well  as  American  surgeons,  —  to  accord  the 
credit  of  the  practice  so  successfully  adopted  to  Dr.  Swin- 
burne ;  notwithstanding,  in  the  work  from  which  he  gleaned 
his  information.  Dr.  Van  Steinburgh  was  particular  to  say 
that  the  treatment,  and  mode  of  operation,  were  taught  him 
by  Dr.  Swinburne.  The  information  was  taken  by  Holthouse 
from  an  article  published  by  Dr.  Swinburne,  incorporating 
Dr.  Van  Steinburgh's  original  letter  (see  "  Transactions  Medi- 
cal Society,  State  of  New  York,"  1864). 

In  the  "  Report  of  the  Transactions  of  the  New- York  State 
Medical  Society,"  published  in  1864,  is  another  paper  by  Dr. 
Swinburne,  on  compound  and  comminuted  gunshot  fractures 
of  the  thigh,  and  the  means  for  their  transportation.  He  in- 
troduces a  plate  of  a  stretcher  for  counter-extension  without 
splints.  "To  my  mind,"  said  the  doctor,  "a  little  ingenu- 
ity and  common  sense  can  overcome  all  obstacles.  I  have 
adopted  this  plan,  and  have  given  directions  for  the  man- 
agement of  this  kind  of  fracture  (of  the  thigh)  in  private 
practice.  I  have  now  treated  about  fifty  patients,  using  the 
bed  ordinarily  met  with  in  practice,  instead  of  the  stretcher. 
I  know  of  many  others  treated  by  this  plan,  and  in  none  have 


CONSKRVATIVJC   SURGERY.  1  Tvi 

I  known  of  an  unr<ivoiiible  result.  In  the  aggregiit(3,  the 
patients  have  been  able  to  use  the  limb  at  an  earlier  period 
than  under  any  other  mode  of  treatment,  without  any  lateral 
distortion  ;  nor  would  there  be  any,  even  if  there  were  short- 
enings of  the  bone,  us  the  extension  of  the  muscles  would 
keep  the  bone  in  a  straight  line."  In  the  report  he  gives  a 
minute  and  comprehensive  description  of  the  plan  and  method 
proposed.  On  the  conclusion  of  the  reading  of  the  pa[)cr, 
by  a  unanimous  vote  of  the  societ3%  Dr.  Swinljurne  was  re- 
quested to  take  the  manuscript,  with  the  drawings,  to  the 
surgeon-general,  that  he  might  see  the  advisability  of  adopt- 
ing them  in  the  medical  service  of  the  army,  the  society 
always  manifesting  a  deep  interest  in  the  troops  at  the  front. 
The  reading  and  publication  of  these  papers  by  this  young 
surgeon  aroused  the  comments,  favorable  and  severe,  of  the 
profession;  the  "Medical  and  Surgical  Reporter"  editorially 
saying,  — 

"  It  has  been  well  said  by  a  recent  writer  on  fractures,  that 
it  is  not  in  the  discovery  and  multiplication  of  mechanical 
expedients  that  the  surgeon  of  this  day  declares  his  superior- 
ity, so  much  as  in  the  skilful  and  judicious  employment  of 
those  already  invented.  In  no  department  of  surgery  has 
the  simplifying  of  the  mechanical  requirements  been  more 
advanced  than  in  the  treatment  of  fractures ;  and  now  it  is 
asserted,  and  we  believe  proven,  by  one  of  the  most  practical 
and  ingenious  surgeons  of  this  countr}-,  that  the  only  correct 
and  philosophic  treatment  of  these  injuries  is  almost  abso- 
lutely 'Without  apparatus.  The  article  by  Dr.  Swinburne  of 
Albany,  on  the  treatment  of  fractures  of  the  long  bones,  as 
published  in  this  journal,  or  read  before  the  Medical  Society 
of  the  State  of  New  York,  has  attracted  the  attention  of 
surgeons  to  the  subject,  and  induced  a  repetition  of  his  method 
in  numerous  instances.  Such  a  revolution  as  he  therein  pro- 
poses in  the  treatment  of  fractures,  which  would  displace 
from  use  so  many  popular  contrivances,  and  require  in  sur- 
geons the  abandonment  of  so  many  preconceived  notions, 
could  hardly  be  accomplished  in  a  short  period.  But  time, 
which  proveth  all  things,  has  been  allowed ;  and  practical 
and  unprejudiced  men  now  adduce  their  testimony  in  favor 
of  the  logic  of  the  reformer,  and  attest  th&ir  experience  in 
corroboration  of  the  results  obtained  by  him.  .  .  .  Dr.  Swiu- 


154  A  TYPICAL   AMERICAN. 

bu rue's  own  experience  during  thirteen  years,  in  his  method 
of  treatment,  has  been  large,  and,  as  he  states,  invariably  suc- 
cessful. The  plan  has  now  received  many  practical  tests  by 
surgeons  throughout  the  country,  who  have  decided  in  its 
favor.  In  this  city  [Philadelphia]  it  has  the  approbation 
of  Dr.  Gross,  Dr.  Aguew,  and  others." 

The  "  American  Medical  Times,"  in  its  editorial  corre- 
spondence, said,  — 

"  In  regard  to  Dr.  Swinburne's  paper  on  exclusive  exten- 
sion in  the  treatment  of  fractures,  we  would  express  our  ap- 
preciation. It  is  a  meritorious  and  highly  practical  essay, 
based  upon  ample  observations.  We  presume  its  author 
would  admit,  tliat,  in  his  own  treatment  of  fractures,  he  ac- 
tually does  secure,  either  incidentally  or  designedly,  some 
lateral  support  for  the  fractured  limb.  That  point  admitted, 
his  views  and  his  practice  agree  essentially  with  those  of  the 
best  surgeons  everywhere." 

In  his  thesis,  Dr.  Swinburne  did  admit  support  in  this, 
that  the  living  muscles  acted  as,  and  afforded  the  true  and 
only  necessary,  support,  thus  obviating  the  use  of  any  artifi- 
cial support. 

To  the  practitioners  gathered  at  the  meeting  of  the  society 
before  which  these  papers  were  read,  and  whose  practice  bad 
been  secundum  artem.,  this  novus  homo^  appearing  before  tliem 
with  such  advanced  scientific  ideas,  created  a  sensation,  and 
aroused  a  prolonged  controversy  or  discussion  ;  some  of  the 
older  maintaining  a  perfect  silence,  but  urging  younger  mem- 
bers to  a  criticism  couched  in  language  more  acrimonious 
than  elegant,  the  sarcasm  of  one  of  these  being  evidenced 
in  a  communication  to  the  "  Medical  Times "  afterwards, 
under  the  signature  of  ''  F.  F.,"  in  which  he  said  of  Dr.  Swin- 
burne, — 

"  That  young  surgeon  evidently  possesses  the  proper  inven- 
tive and  mechanical  tact  for  good  surgery.  It  is  too  mani- 
fest, that,  so  long  as  conceit  boasts  itself  against  accurate 
knowledge  and  common  experience,  lawyers  and  their  de- 
formed clients  will  surely  make  game  of  the  best  surgeons." 

The  correspondent  said, — 


CONSERVATIVE   HURGERY.  155 

"The  older  and  more  experienced  surgeons  very  kindly 
reviewed  and  oritioised  the  peculiar  hobby  of  the  paper,  and 
finally  its  author  found  it  very  difficult  to  defend  his  exclu- 
sive practice  of  simple  extension." 

The  "  older  and  more  experienced  "  had  crossed  professional 
swords  with  "that  young  surgeon  "  once  before,  and  felt,  in 
this  case,  they  were  horx  de  combat.  Dr.  Bly  of  Rochester, 
in  discussing  what  degree  of  extension  or  force  may  be  borne 
without  completely  separating  the  fractured  ends  of  a  bone, 
gave  his  experience  of  the  extensibility  of  muscular  tissues 
as  demonstrated  by  him  on  the  muscles  of  a  dead  sheep,  in 
which  he  found  that  the  extension  amounted  to  half  an  inch. 
This  argument  was  answered  by  Dr.  Swinburne,  who  demon- 
strated the  absurdity  of  comparing  dead  with  living  muscles. 

Dr.  James  Wood  said,  — 

"  I  fear  the  doctor,  in  his  zeal,  has  not  remembered  that  the 
muscles  leading  from  one  bone  to  the  other  are  not  straight. 
They  are  inserted  at  different  angles,  hence  the  force  they 
exert  must  be  in  a  corresponding  direction  ;  and  the  only  safe 
way  to  remedy  the  deformity  which  is  thus  induced  is  by 
lateral  appliances  in  the  shape  of  splints,  with  extension  and 
counter-extension.  If  a  muscle  be  irritated,  it  will  contract : 
hence  the  necessity  of  keeping  it  quiet,  and  applying  evapo- 
rative lotions  until  the  inflammatory  swelling  shall  have 
subsided,  before  the  splints  are  applied  with  extension  and 
counter-extension.  I  do  not  think  that  the  doctor,  when  he 
shall  have  practised  this  method  for  some  years  longer,  will 
feel  safe  to  leave  his  patient  without  some  such  lateral  sup- 
port." 

In  reply  to  Dr.  Wood,  Dr.  Swinburne  maintained  that  it 
was  only  requisite  to  draw  out  the  limb  to  its  normal  extent, 
when  the  natural  positions  and  relations  would  be  restored, 
and  all  sources  of  irritation  would  be  removed.  The  amount 
of  extension  must  be  in  all  cases  regulated  by  the  feelings  of 
the  patient.  In  regard  to  the  different  actions  of  the  several 
muscles  of  the  thigh,  he  maintained  that  when  the  limb  was 
placed  upon  the  bed,  and  extension  made,  all  the  living  mus- 
cles were  so  placed  that  they  acted  directly  on  the  long  axis 
of  the  bone.     If  any  lateral  influence  was  claimed  for  the 


156  A  TYPICAL   AMERICAN. 

abductors,  the  direction  of  their  forces  was  certainly  altered 
by  the  position  and  action  of  the  perineal  pad. 

Dr.  Wood  said  that  he  had  never  treated  a  fracture  of  the 
OS  brachii  (large  bone  of  the  arm)  by  extension. 

Dr.  Batchelder  referred  to  a  case  of  a  fractured  femur, 
which  was  made  from  three-fourths  to  an  inch  longer,  by  ex- 
tension, than  the  sound  limb.  Dr.  Swinburne  answered,  that 
it  was  a  simple  matter  to  avoid  this,  and  that  a  proper  com- 
parison of  the  two  limbs  by  measurement  would  have  pre- 
vented such  an  occurrence. 

It  will  not  answer,  claimed  Dr.  Wood,  in  refractory  pa- 
tients ;  yet  Dr.  Swinburne  had  shown  that  he  had  treated  by 
extension  and  counter-extension,  successfully,  a  patient  having 
delirium  tremens,  which  lasted  several  days. 

During  the  discussion,  the  doctor  was  challenged  by  Dr. 
Wood  to  produce  a  living  proof  of  the  success  of  his  method 
of  treatment,  and,  without  any  loss  of  time,  accepted  the  chal- 
lenge, and  brought  three  cases  before  the  societj^  they  being 
the  only  ones  that  could  be  summoned  on  such  short  notice. 
These  were :  — 

John  A.  Pitcher,  a  young  German,  who  fell  in  January, 
1854,  a  distance  of  thirty  feet,  fracturing  the  femur  at  its 
middle,  also  the  left  tibia  and  fibula  at  their  lower  third. 
He  was  treated  by  extension  by  perineal  belt  and  adhesive 
strips  at  the  lower  part  of  the  thigh,  just  below  the  patella, 
strips  being  also  applied  to  the  lower  part  of  the  leg.  No 
splints  were  used,  and  in  less  than  six  weeks  the  extension 
was  discontinued.  Seven  weeks  after  the  accident  he  was 
cured ;  and  at  the  time  he  was  presented  to  the  society, 
seven  years  after,  the  limb  was  so  perfect  that  a  most  skilful 
surgeon  was  unable  to  detect  the  broken  leg  or  thigh. 

Hon.  John  Evers  sustained  an  oblique  fracture  of  the 
femur  at  upper  third  by  being  thrown  violently  against  the 
curbstone  by  a  run-away  horse.  Extension,  without  splints, 
was  continued  for  six  weeks  ;  and  in  ten  weeks  he  was  dis- 
charged well,  with  the  limb  less  than  half  an  inch  short, 
while  he  himself  declared  there  was  no  difference. 

Richard   Hathaway,  forty-eight  years  of  age,  and    weigh- 


CONSKRVATIVIO    BUIlCiKItY.  ]  r>7 

ing  one  liundred  and  eighty-five  pounds,  while  engaged  in 
raising  a  monument  on  July  20,  1869,  had  a  derrick  fall  on 
him,  and  sustained  a  compound  comminut(;d  fiacture,  the  }>one 
ground,  with  great  contusion  of  the  femur  at  its  upper  third. 
He  was  treated  by  Dr.  Swinburne  by  extension  and  counter- 
extension,  without  splints;  and  in  four  weeks  the  limb  was 
firm,  and  in  eight  weeks  he  walked  with  crutches.  When 
this  man  was  presented  before  the  society  for  examination, 
the  best  surgeons  present  could  not  say  which  had  been  the 
broken  limb,  and  decided  it  was  the  other  limb. 

Among  the  number  of  cases  cited  was  that  of  James  Mc- 
Kenzie,  which  was  peculiar.  On  Feb.  22,  1854,  he  was  ad 
mitted  into  the  hospital  witn  a  compound  fracture  of  the  left 
femur  through  its  middle,  and  treated  by  extension  and 
counter-extension  by  perineal  belt  and  adhesive  strips  to  the 
leg,  without  splints,  b}'  Dr.  Swinburne.  In  consequence  of 
the  fact  that  the  other  thigh  had  been  fractured  previously, 
and  was  three-quarters  of  an  inch  short,  the  extension  in 
this  case  was  only  made  sufficient  to  accommodate  the  length 
of  this  leg  to  the  other.  In  less  than  six  weeks  the  exten- 
sion was  discontinued,  and  in  less  than  ten  weeks  he  was  dis- 
charged with  legs  of  equal  length. 

In  addition  to  the  cases  presented  for  the  examination  of 
the  society,  and  those  cited,  the  redoubtable  doctor,  said  a 
gentleman,  who  was  present  at  the  discussion,  to  the  writer, 
offered  to  bet  five  thousand  dollars  that  the  methods  pre- 
sented by  him  were  more  successful  than  any  other,  the  win- 
ner to  donate  the  money  to  some  eleemosynary  institution. 
But  there  were  none  present  with  sufficient  confidence  in 
their  sj^stems  to  accept  the  wager,  and  they  hedged  b}'^  simply 
remarking  that  they  were  not  in  the  betting-business.  Five 
thousand  dollars  was  too  much  for  them  to  risk  on  a  practice 
that  has  filled  the  land  with  deformities  against  a  man  and 
method  where  eager  and  anxious  watching  had  failed  to  dis- 
cover a  failure. 

In  the  forty  cases  of  fractured  thighs  cited  before  the  so- 
ciet}',  and  treated  by  the  method  laid  down  by  Dr.  Swinburne, 
there  were  no  eversions  or  inversions  of  the  foot,  and  no  dis- 


158  A   TYPICAL   AMERICAN. 

tortious  of  the  thigh,  and  in  but  one  was  there  any  visible 
shortening.  These  cases  were,  with  a  couple  of  exceptions, 
taken  from  his  hospital  and  private  practice.  Some  of  the 
fractures  were  oblique,  some  compound,  some  comminuted  (in 
one  case  four  inches  of  the  bone  being  crushed  in  fragments). 
Two  were  cases  where  the  thigh  and  leg  were  both  fractured, 
and  in  all  the  results  were  considered  i^erfect.  Twelve  were 
fractures  within  the  capsular  ligament,  occurring  in  patients 
most  of  them  over  sixty  years  of  age,  and  all  treated  with 
this  method  of  extension,  with  results  much  better  than  could 
be  expected,  and  which  it  would  have  been  vain  to  expect 
under  the  usual  treatment. 

The  discussion  of  these  papers  was  not  confined  to  those 
present  at  the  meeting  of  the  society,  but  was  continued  for 
some  time  afterwards  in  the  medical  journals  by  the  profes- 
sion. Over  the  nom  de  plume  of  "Splints,"  in  a  communi- 
cation to  the  "Medical  Times,"  in  a  garbled  report  of  the 
discussion,  a  writer  said,  — 

"  Dr.  Swinburne's  object  in  thus  bringing  up  the  subject  of 
extension  in  a  new  form  before  the  profession  is  a  laudable 
one  :  he  is  desirous  of  simplifying  the  treatment  of  fractures  ; 
and,  for  the  attempt  which  he  has  made  to  bring  about  that 
end,  he  certainly  deserves  a  great  amount  of  credit.  He, 
however,  has,  I  think,  allowed  his  enthusiasm  to  lead  him 
into  error  in  regard  to  the  adaptation  of  his  principle  to  prac- 
tice ;  which  fact,  being  assumed,  proves  to  my  mind  that  the 
principle  is  erroneous.  His  honest  efforts  to  prove  the  oppo- 
site state  of  things  only  shows  how  skilfully  he  can  ride  his 
'  hobby.' 

"  Every  good  surgeon  [he  wrote]  uses  a  splint  for  coap- 
tation of  a  fractured  bone.  In  relation  to  the  subject  of  ex- 
clusive extension,  I  must  be  permitted  to  make  one  remark, 
and  that  has  relation  to  its  use  in  fractures  of  the  os  bracJdi. 
Dr.  Swinburne  must  pardon  me  when  I  give  it.  as  ray  convic- 
tion that  he  is  indeed  a  bold  surgeon  to  advocate  a  plan  of 
treatment  which  is  so  universally  acknowledged  to  result  in 
non-union.  In  reference  to  the  good  results  obtained  by 
this  practice  as  applied  to  this  bone,  I  can  only  express  my 
astonishment." 

The  critic  adopting  this,  to  him,  euphonic  signature  of 
"  Splints,"  under  which  to  cover  his  individuality,  was  under- 


CONSERVATIVE   SURGERY.  1.09 

stood  to  l)c  none  otlicr  than  Dr.  Shrady,  then  editor  of  the 
"  Times,"  and  the  father  of  a  sjilint  that  was  said  by  its  author 
to  be  tlie  best  ever  conceived,  but  which  has  long  since  been 
abandoned. 

These  are  specimens  of  what  tlie  "young  surgeon"  had 
to  meet  with  in  his  attempt  to  improve  the  methods  of  treat- 
ing fractures ;  but,  as  in  his  practice,  he  was  equally  success- 
ful in  his  arguments  and  theory,  as  time,  "  which  proveth  all 
things,"  has  t^hown  by  the  success  that  has  attended  him.  Nor 
has  the  prognostication  of  Dr.  Wood,  that  the  doctor,  after 
he  shall  have  practised  this  method  a  few  years,  will  change 
his  views ;  but,  on  the  other  hand,  he  has  been  more  firmly 
convinced  by  years  of  practice  that  he  was  right,  and  has 
lived  to  see  his  methods  triumph. 

In  "  The  Medical  Times  "  of  April  20,  1881,  Dr.  Swinburne 
answers  these  incognito  writers  and  critics,  in  which  he 
says,  — 

"  When  he  ('  F.  F. ')  said,  upon  the  question  having  been 
raised  as  to  what  degree  of  extension  or  force  may  be  borne 
without  completely  separating  the  fractured  ends  of  the  bone, 
'  Dr.  Bly  of  Rochester  related  the  results  of  his  experiments  on 
the  leg  of  a  dead  sheep,  and  produced  extension  of  the  mus- 
cles to  about  one-half  inch,'  Dr.  Bly  should  have  fairly  stated 
the  difference  between  simple  extension,  on  the  one  hand, 
and,  on  the  other,  of  suspending  weights  until  the  integrity 
of  the  muscle  was  destroyed ;  also  the  difference  of  dead  and 
living  tissue.  I  expressly  say  that  the  extension  obtained  by 
a  strong  man  upon  a  broken  thigh  will  not  elongate  it  beyond 
its  normal  condition,  and  also  expressly  deprecate  the  pulleys 
and  uprights,  as  they  paralyze  and  elongate  the  muscles,  and 
thereby  destroy  their  usefulness  as  splints." 

In  reply  to  "  F.  F.'s  "  assertion  "  that  its  author  found  it 
very  difficult  to  defend  his  exclusive  practice  by  simple  exten- 
sion," he  said,  — 

"  If  good  results  in  the  treatment  of  a  hundred  fractures  of 
the  long  bones,  and  also  Dr.  Thorn's  experience  as  reported 
from  the  INIarshall  Infirmary,  is  not  a  good  practical  drftnce, 
then  I  have  found  it  difficult  to  defend  the  exclusive  practice 
of  my  hohhy.     His  quotation,  that  I  resort  to  lateral  support 


IGO  A   TYPICAL   AMERICAN. 

to  the  fractured  limbs  in  particular  cases,  is  untrue.  I  ex- 
pressly said  that,  where  a  lateral  splint  is  used,  it  is  only  a 
means  by  which  the  extension  is  made  and  perpetuated,  and 
not  for  lateral  support.  In  the  thigh  there  is  no  lateral  sup- 
port used  ;  and  in  the  article  on  extension  I  said  that  the 
treatment  adapted  to  the  femur  is  applicable  to  any  portion 
of  the  thigh  or  leg." 

With  reference  to  the  remarks  of  Dr.  James  Wood,  "  F.  F." 
said,  — 

"  The  remarks  of  Dr.  Wood  constituted  the  most  interest- 
ing event  of  the  first  day's  session.  Close  attention  was  given 
to  his  remarks,  which  seemed  to  satisfy  the  obvious  desire  of 
all  classes  of  practitioners,  who  fear  the  misapplication  of  judi- 
cial inquiry  and  prosecution  for  the  correction  of  faults  in 
surgery." 

To  this  Dr.  Swinburne  replied,  — 

"  No  one  could  be  more  pleased  than  I  with  the  frank, 
honorable,  gentlemanly,  and  masterly  manner  in  which  Dr. 
Wood  discussed  the  merits  and  demerits  of  simple  extension. 
Though  I  defended  what  I  knew  was  the  true  principle  of  the 
treatment  of  fractures,  I  was,  nevertheless,  anxious  to  hear 
the  views  of  James  R.  Wood,  That  I  had  great  confidence 
in  my  mode  of  treatment,  is  proved  when  I  proposed  (in  the 
discussion  which  occurred  between  Dr.  Wood  and  myself)  to 
treat  alternate  fractures  in  any  hospital  (by  his  method),  with 
any  surgeon,  and  I  would  stake  my  reputation  upon  the  re- 
sults by  obtaining  union  in  less  time,  and  with  better  results, 
than  could  be  obtained  by  the  use  of  splints  as  commonly 
applied.  As  to  the  last  clause,  it  surely  does  not  apply  in  the 
present  instance,  as  I  have  never  been  sued  for  malpractice, 
nor  has  there  been  any  occasion  even  for  the  insinuation." 

In  reply  to  "Splints,"  whose  almost  entire  correspondence 
he  characterized  an  evident  perversion  of  facts  and  state- 
ments, the  doctor  said,  — 

"  As  to  the  idea  that  '  he  seeks  to  establish  the  absurd 
principle  that  muscles  cannot  be  extended  beyond  their  nat- 
ural length,'  I  maintain  that  any  attempt  to  extend  a  muscle 
beyond  its  normal  capacity  not  only  provokes  resistance,  but 
a  tearing  of  its  substance  (I  mean  the  living,  but  not  the  dead 
tissue).  Take,  for  instance,  a  fractured  thigh  :  extension  on  the 


CONSERVATIVK   SUltGKllY.  101 

extremity  by  ;i  stroiiL?  iiiiiii  (iiiul  not  with  w(;ights  and  [)ul- 
leys)  will  stretch  the  muscles  to  tli(;ir  normal  length  only; 
which  fact  can  be  shown  by  the  most  carci'ul  measurement, 
thus  [)roving  that  the  danger  of  too  much  extension  is  only 
imaginary." 

He  quotes  from  "  Splints,"  — 

"  I  am  not  aware  that  Dr.  Swinburne  claims  any  originality 
in  the  matter;  i.e.,  simple  extension.  He  has,  however,  al- 
lowed his  enthusiasm  to  lead  him  into  error  in  regard  to  the 
adaptation  of  his  principle  to  practice,  whicii  (being  assumed) 
is  convincing  to  my  mind  that  the  principle  is  erroneous  :  his 
honest  efforts  to  prove  the  opposite  state  of  thitigs  only  show 
how  skilfully  he  can  ride  his  hobby." 

To  this  the  doctor  replied,  — 

"  With  reference  to  the  first  portion  of  the  quotation,  the 
principle  of  extension  is  acknowledged  by  all  good  surgeons ; 
while,  with  reference  to  his  '  enthusiasm  leading  him  into 
error,^  I  think  it  is  a  good  error  when  the  results  are  so  per- 
fect that  it  baffles  a  good  surgeon  to  discover  which  of  the 
two  thighs  had  been  broken,  though  the  fracture  was  com- 
pound and  comminuted,  occurring  in  a  man  weighing  one 
hundred  and  eighty-five  pounds.  What  is  true  of  this  case  is 
also  true  of  all  the  others,  and  equally  so  of  fractured  tibia. 
As  to  the  '  adaptation  of  his  principle  to  practice,'  instead  of 
showing  that  the  principle  was  wrong,  practice  only  serves  to 
make  the  principle  more  fully  appreciated,  and  demonstrates 
to  the  world  that  it  is  not  the  kind  of  splint,  but  the  mode  and 
manner  of  the  application  of  the  principle  involved." 

One  critic  thought  the  doctrines  then  laid  down  were  dan- 
gerous to  teach  the  students ;  but  the  doctor,  knowing  his 
method  was  correct,  was  anxious  that  the  profession,  as  well  as 
the  students,  might  be  benefited  by  his  over  twenty  years  of 
experience,  as  he  is  now  always  ready  to  impart  his  knowl- 
edge, acquired  after  forty  years'  experience,  to  all  who  have  in 
charge  or  are  in  training  for  the  care  of  the  sick  and  maimed ; 
and  not  onl}'  a  large  number  of  the  college  students  avail  them- 
selves of  this  privilege,  and  are  constantly  in  attendance  at  his 
large  clinics,  eagerly  watching  and  listening  to  the  man  who 
has  made  no  failures,  but  frequently  regular  practitioners  of 


162  A   TYPICAL  AMERICAN. 

years'  standing  are  among  those  who  come  to  leai-n  of  hhn. 
This  paper,  covering  fifty  pages  of  the  Medical  Society's  re- 
port, also  treats  of  fractures  in  or  near  the  elbow-joint,  with  or 
without  dislocation,  and  of  the  treatment  of  fractures  of  the 
clavicle  by  simple  extension. 

Dr.  Swinburne's  attention  was  first  drawn  to  the  subject 
of  treating  fractures  by  extension,  because  of  the  many  bad 
results  he  had  seen  from  oblique,  compound,  and  comminuted 
fractures  of  the  leg  ;  and,  being  astonished  at  the  number,  he 
was  led  to  investigate  the  cause,  and  examined  specimens  in 
a  number  of  museums  containing  collections  of  broken  bones, 
where  he  found  all  were  more  or  less  distorted,  both  laterally 
and  longitudinally,  with  shortened  tibias.  He  believed  this 
was  an  age  of  progress,  and  that  there  were  no  results  without 
cause,  and  that  it  was  an  obligation  science  owed  to  the 
people  to  discover  the  cause  of  these  bad  results.  He  knew 
that  the  first  paths  over  our  vast  Western  country  were  made 
by  the  buffalo,  and  then  followed  in  by  the  Indian,  but  that 
as  civilization,  with  its  compasses  and  engineering  genius, 
made  its  way  through  the  country,  the  long-trodden  paths  of 
primeval  days,  over  rugged  hills  and  mountains,  were  ignored, 
and  more  feasible  and  rapid  methods  of  transport  brought 
into  use.  In  his  chosen  branch  of  science,  he  did  not  desire 
to  travel  in  the  uncertain  and  crooked  paths  of  tradition,  nor 
in  the  dog-carts  of  more  modern  science  ;  but,  like  the  travel- 
ler who  takes  the  iron  horse  and  easy  coach  over  the  steel 
track  of  civilization,  he  was  anxious  for  the  most  comfortable, 
safe,  and  speedy  cure  of  the  maimed,  leaving  others,  if  they 
so  desired,  to  travel  in  the  path  of  the  buffalo  or  the  Indian  ; 
and  for  this  reason  he  was  satisfied  extension  would  obviate 
the  dangers  of  lateral  distortion,  and,  as  far  as  the  spasmodic 
contraction  of  the  muscles  would  permit,  overcome  longitudi- 
nal distortion. 

This  paper  was  also  incorporated  in  Professor  Gross's  "  Sur- 
gery," and  had  an  unusually  wide  circulation  in  this  country, 
and  was  extensively  copied  from  in  Europe. 

The  cases  presented  and  referred  to  in  this  chapter  were  at 
the  time  typical  cases,  treated  by   means  not   hitherto  em- 


CON'SERVATIVI':   SURGERY.  103 

ployed,  and  resiiltiiif^  in  success  not  anticipated  in  previous 
treatment.  Tliey  were  then  considered  sur[)rising;  but  a  still 
greater  advance  lias  been  made  by  him  in  his  treatment  by 
simplifying  the  metliods  of  extension,  since  that  time;,  with 
results  more  surprising,  as  n-ay  be  learned  by  a  reference  to 
the  work  in  his  dispensary. 

This  j)lan  for  the  treatment  of  fractures  of  the  femur  or  the 
other  long  bones,  witliout  splints  or  bandages,  was  unknown 
to  the  profession  at  the  time  the  paper  was  presented  by  Dr. 
Swinburne  in  1850  ;  and,  although  it  was  followed  to  some  ex- 
tent in  our  Rebellion,  its  superiority  was  not  definitely  settled 
in  military  surgery,  on  account  of  the  prejudices  of  the  profes- 
sion, until  during  the  Franco-Prussian  war,  where  it  was  in 
every  instance  in  the  American  ambulance  followed  by  Dr. 
Swinburne  with  successful  results  and  good  limbs.  The  pro- 
fession had  never,  up  to  that  time,  recognized  the  necessity 
of  extension  for  the  approximation  of  bones  other  than  the 
thigh ;  and  this  fact  was  so  conceded  at  a  meeting  of  the 
Academy  of  Medicine  in  New  York,  as  may  be  seen  by  refer- 
ence to  the  "  Medical  Times."  Nor  had  they  ever  dispensed 
with  splints  or  bandages. 

After  a  lapse  of  over  twenty-five  years  since  the  publi- 
cation of  the  paper  by  Dr.  Swinburne,  it  is  shown  and  proved 
that  the  theories  he  then  entertained  were  and  are  the  nearest 
possible  to  the  true  ones;  and  it  is  also  conceded  —  because 
of  the  unprecedented  favorable  results  in  his  own  practice, 
daily  carried  out,  as  well  as  by  others  who  have  adopted  the 
system  —  that  the  principles  then  laid  down,  in  1859  and  1861, 
for  the  treatment  of  fractures  of  the  long  bones,  —  viz.,  that 
any  fracture  or  fractures,  of  whatever  nature  or  kind,  occur- 
ring between  the  elbow  and  shoulder,  or  between  the  ankle- 
joint  and  pelvis,  —  can  be  successfully  treated  by  the  plan 
commenced  by  him  in  1848,  and  which  has  —  since  its  beino- 
given  to  the  public,  up  to  the  present  —  been  practised  bv 
him,  as  well  as  his  friends  and  many  of  the  advanced  and 
intelligent  practitioners  in  surgery.  In  military  suro'erv 
this  treatment  of  fractures  of  the  thigh,  or  otherwise  as 
followed  in  the  American  ambulance  at  Paris   durino-   the 


164  A   TYPICAL,   AMERICAN. 

Franco-German  war  in  the  winter  of  1870  and  1871,  was 
shown  to  be  the  superior  and  most  successful,  as  attested 
to  by  the  most  eminent  men  of  Europe,  and  quoted  in  another 
chapter. 

Professor  David  P.  Smith  of  Springfield,  Mass.,  while 
visiting  in  Edinburgh,  Scotland,  wrote,  — 

"  Fractures  will  be  most  successfully  treated  by  tliose  sur- 
geons who  are  best  acquainted  with  anatomy  and  physiology, 
and  know  by  experience  what  a  bruised  and  perhaps  lacer- 
ated limb  can  bear." 

As  late  as  the  latter  part  of  1861,  the  principle  of  extension 
and  counter-extension  in  the  treatment  of  fractures  found  no 
favor  in  Europe,  Professor  Syme  of  the  Royal  Infirmary,  Edin- 
burgh, maintaining  stoutly  that  the  benefits  supposed  to  be 
gained  from  the  use  of  extension  was  a  mere  delusion ;  for 
if  extension  was  employed,  he  argued,  the  muscles  were 
roused  to  resistance,  and  always  overcame  such  force. 

With  a  large  majority  of  the  profession,  devotion  to  estab- 
lished principles  is  a  religious  duty,  from  which  it  is  almost 
a  miracle  to  have  them  change.  They  hold  that  their  princi- 
ples are  right  because  they  are  traditional,  and  founded  on 
facts,  as  taught  them.  They  forget,  or  seem  to,  that  in 
medical  and  surgical  jurisprudence  all  the  advance  science 
has  ever  made  in  their  or  other  callings  was  made  by  a  few 
enthusiastic  utilitarians  in  any  age.  In  many  instances,  and 
indeed  almost  universally,  correct  and  advanced  principles 
have  only  been  accepted  in  great  emergencies  as  dernier 
ressort. 

The  principle  of  conservation  as  applied  to  the  limbs  was 
but  little  discussed  during  the  first  years  of  our  war,  except 
by  Dr.  John  Swinburne  and  a  few  others,  the  principal  idea 
being  the  discussion  of  the  best  means  of  amputation,  the 
purpose  being  to  change  the  treatment  of  fractures  from  the 
carpenter-shop  to  the  butcher's  table.  As  an  instance  of 
what  some  of  the  medical  journals  contained  from  their 
most  prominent  contributors,  we  extract  from  the  letters  of  a 
surgeon  in  charge  of  Fairfax  Seminary  Hospital,  published 
in  1863;  — 


CONSERVATIVK   SUKfJKRY.  10.0 

"The  multitude  of  iitnputatious  below  the  knee  which  I 
have  performed,  seen,  and  watched  the  results  of,  have  con- 
vinced me  that  none  of  the  ordinary  metliods  are  the  best 
])ossil)le  in  any  surcfory.  ...  In  in}^  remarks  I  may  have 
seemed  to  lay  too  mncli  stress  upon  ray  favorite  method  of 
amputation  below  the  knee.  I  say  emphatically  that  the 
advantages  which  I  claim  my  method  alone  furnishes  must 
be  obtained  if  recovery  is  expected  to  foiiow." 

These  were  the  sentiments  of  Dr.  David  P.  Smith,  who, 
in  asking,  "  Shall  amputation  be  performed  in  gunshot  frac- 
ture of  the  femur  from  a  conical  leaden  bullet?"  said, — 

"From  dissection  of  such  injuries  after  they  were  removed 
by  such  amputation,  I  was,  however,  enabled  very  early  to 
recognize  the  hopeless  nature  of  such  cases  if  left  to  them- 
selves." 

These  statements  were  made  in  1863,  after  two  years'  ex- 
perience in  the  war,  and  were  answered  by  John  T.  Hodgen, 
surgeon  in  charge  of  the  St.  Louis  City  General  Hospital,  who 
said,  — 

"  Dr.  Smith  and  myself  have  seen  such  cases  under  widely 
different  circumstances,  —  he  on  the  battle-field,  and  I  in  the 
hospital,  after  they  had  been  removed  thither  hundreds  of 
miles.  There  have  been  received  at  this  hospital  sixty-five 
cases  of  gunshot  fractures  of  the  os  feynoris.  Of  these, 
eighteen  have  died,  four  remain  under  treatment  in  a  fair 
way  to  recovery,  and  forty-three  have  recovered,  and  left  the 
hospital  with  good  limbs.  It  will  be  observed  that  the  per- 
centage of  mortality  is  less  than  twenty-eight,  thus  giving  bet- 
ter results,  so  far  as  life  is  concerned,  than  amputation  of  the 
thigh  would  do,  besides  preserving  useful  limbs.  The  above 
statistics  are  startling  to  surgeons  who  have  seen  the  terri- 
ble work  done  by  the  conical  leaden  bullet,  and  they  will 
naturally  cultivate  a  feeling  of  incredulity  ;  but  to  my  mind 
these  recoveries  are  not  so  incredible  as  that  sixty-five  men 
thus  wounded  should  have  escaped  mutilation  at  the  hands 
of  those  humane,  patriotic,  and  time-saving  surgeons,  who, 
'  by  order "  or  without  it,  flock  to  the  battle-fields  (^some  days 
after  the  fight),  who  swarm  on  transports,  and  who  rush  to 
hospitals  to  gratify  a  morbid  thirst  for  capital  surgical  opera- 
tions." 


166  A  TYPICAL  AMERICAN. 

At  a  meeting  of  the  United-States  Array  Medical  and 
Surgical  Society  of  Baltimore,  held  in  February,  1863,  the 
vice-president.  Surgeon  Z.  E.  Bliss,  said,  — 

"  The  operation  of  exsection  of  the  joint  as  a  mode  of 
treatment  of  gunshot  fractures  involving  the  shoulder,  elbow, 
and  hip  joints,  has  not,  as  yet,  been  fully  tested  ;  but  sufficient 
facts  have  been  already  obtained  to  prove  that  this  operation 
often  saves  life,  and  preserves  a  serviceable  limb." 

That  our  humane  and  patriotic  fellow-citizen,  Dr.  Swin- 
burne, performed  an  active  part  in  introducing  conservative 
surgery  into  the  army,  and  saving  a  host  of  lives  and  innu- 
merable deformities  among  those  who  were  gallantly  defend- 
ing the  nation,  may  be  drawn  from  a  report  of  gunshot  frac- 
tures read  before  the  United-States  Medical  and  Surgical 
Society  of  Maryland,  and  published  in  1863.  The  paper  was 
by  Edmund  G.  Waters,  M.D.,  acting  assistant  surgeon.  He 
said, — 

"  On  the  21st  and  25th  of  July,  1862,  between  four  and 
five  hundred  sick  and  wounded  Union  soldiers  were  received 
into  the  National  Hospital,  Baltimore.  Most  of  the  wounded 
had  been  shot  in  the  seven-days'  light,  and,  being  taken 
prisoners,  were  sent  to  Richmond.  Among  them  was  a  num- 
ber with  fractured  thighs  ;  and  a  better  opportunity  has  rarely 
been  afforded  to  test  the  several  modes  of  treatment  in  sec- 
ondary cases,  after  this  kind  of  injury,  than  these  presented. 
The  writer  regrets  that  he  is  not  able  to  give  the  exact  num- 
ber of  amputations  performed  for  this  injuiy,  but  is  able  to 
state  positively  that  only  one  patient  recovered  of  the  many 
who  underwent  the  operation." 

He  then  gives  the  history  of  fourteen  other  similar  wounds 
treated  conservatively,  all  of  whom  recovered.  One  of  these 
was  a  fracture  in  the  neck  of  the  bone. 

These  wounds  were  all  received  in  that  portion  of  the  field 
of  battle  where  Dr.  Swinburne  was  in  charge,  and  where  am- 
putations were  not  practised,  but  where  conservation  was  the 
rule.  The  success  of  the  doctor  had,  no  doubt,  much  to  do 
with  inciting  these  efforts  to  save.  In  these  instances  cited, 
there  is  ample  food  for  reflection  by  the  profession,  as  well  as 


CONSERVATIVK   SURGERY.  Ifj7 

facts  on  wliicli  to  predicate  a  safe  practice,  unl<;ss  tliey  desire 
to  exemplify  the  truth  of  Key's  assertion,  that  "amputation 
is  the  List  resource  of  the  surgeon,  at  once  tlie  slielter  and 
confusion  of  the  surgical  art." 

Even  the  best  of  surgeons  seem  slow  to  learn  ;  and  it  was 
not  until  18G3  that  Do  Witt  C.  Peters  said,— 

"The  era  of  promiscuous  surgery,  both  in  military  and 
civil  life,  has  passed  nearly,  if  not  (piite,  into  oblivion.  In 
discussing  the  important  subject  of  compound  fractures  of 
the  thigh,  too  little  stress  has  hitherto  been  paid  by  surgical 
writers  to  the  saving  of  limbs.  Following  the  teachings  of 
Dupuytren,  Baudens,  Hennen,  Guthrie,  and  a  host  of  others, 
we  are  too  ready  to  admit  that  amputation  is  our  sole  reli- 
ance. They  would  have  us  believe  that  the  patients  who 
save  their  limbs,  forever  remain  martyrs  to  a  miserable  exist- 
ence. Others  inform  us,  amputation  of  the  thigh  is  a  danger- 
ous expedient,  and  in  their  hands  has  resulted  in  the  maiority 
of  cases  fatally ;  yet  they  carefully  avoid  entering  into  any 
details  of  their  manner  of  treating  fractures.  The  wonder  to 
my  mind  is,  that  their  patients  ever  recovered  when  laboring 
under  this  species  of  injury.  The  indications  are  to  place  the 
parts  in  a  natural  position,  keep  them  immovable,  and  dis- 
pense with  snug  bandages  and  splints." 

This  was  coming  pretty  near  up  to  Dr.  Swinburne's  princi- 
ple of  treating  without  any  splints  or  bandages,  but  with 
extension  and  counter-extension.  One  of  the  best  authorities 
in  the  army  said  that  no  attempt  had  ever  succeeded,  that  he 
had  heard  of,  during  the  war,  to  conserve  a  limb  where  a  com- 
pound fracture  of  the  thigh  had  occurred,  where  proper  exten- 
sion was  not  used. 

Dr.  Swinburne,  in  a  paper  read  before  the  Albany-county 
Medical  Society  at  its  annual  meeting  in  November,  1874, 
and  published  in  the  Sunday  press,  said, — 

"  As  to  the  causes  which  have  led  to  the  changes  of  the 
methods  in  the  treatment  of  fractures,  they  have  been 
wrought  principally  in  accordance  with  the  scientific  law  of 
making  the  muscles  the  motive  power.  The  knowledge  of 
the  principles  of  the  muscles,  and  their  importance  in  the 
management  of  fractures,  came  by  experience  in  practice  and 
in  the  dissecting-room.     The  uselessness  and  injurious  effects 


168  A  TYPICAL   AMERICAN. 

of  bandages  were,  at  an  early  period,  a  matter  of  firm  convic- 
tion witii  nie.  The  results  obtained  by  the  old-fashioned 
appliances  were  any  thing  but  satisfactor3^  The  upper  parts 
were  compressed  to  such  a  degree  that  all  the  soft  tissues  be- 
came a  conglomerate  mass.  Muscles,  nerves,  vessels,  cellular 
tissue,  and  investing  membranes  adhered  to  the  bone,  and,  in 
time,  were  consolidated  there.  Months  might,  and  often 
did,  elapse  after  the  union  of  the  bone,  before  the  soft  parts 
would  return  —  if,  indeed,  they  ever  did  return — to  their 
normal  condition.  The  state  of  the  muscles,  when  mad- 
dened by  the  goring,  pricking,  and  tearing  of  the  fractured 
ends  of  the  broken  bone,  is  one  too  often  observed  to  necessi- 
tate a  more  than  passing  mention.  The  muscles,  you  will 
recollect,  are  thereby  thrown  into  a  condition  of  clonic  spasm, 
which,  sooner  or  later,  becomes  the  cause  of  more  or  less 
longitudinal  and  lateral  distortion. 

"  The  old  practice  was  to  overcome  distortion  chiefly  by  the 
appliance  of  splint  and  bandages :  the  modern  practice  is  to 
extend  the  limb  to  its  normal  length,  and  to  retain  it  in  that 
position,  with  as  little  compression  of  the  parts  as  possible. 
The  results  of  the  former  method,  even  if  favorable,  which 
were  rather  less  frequent  than  one  could  wish,  were  obtained 
by  the  complicated  processes  of  the  period ;  the  difficulty  of 
dressing,  the  recurring  redressing,  and  the  adjustment  of  the 
apparatus  and  bandages,  being  incalculable,  to  say  nothing  of 
the  pain,  suffering,  and  inconvenience  caused  to  the  patient. 
By  the  simple  method  at  present  in  vogue,  the  most  satisfac- 
tory results  are  obtained,  with  little  pain,  with  no  distortion, 
and  with  little  or  no  immobility  of  the  soft  parts. 

"  Impressed  by  some  such  considerations,  I  was  led,  at  an 
earl}^  period  after  graduating,  to  examine  the  subject  imme- 
diately from  the  dead  body ;  and  this  examination  clearly 
demonstrated  that  some  other,  simpler,  and  more  efficient 
method  could  be  devised.  Various  experiments  upon  frac- 
tured limbs  of  the  cadaver  and  living  subjects  satisfied  me 
that  there  was  a  principle  involved  in  their  treatment,  which, 
being  turned  to  the  full  extension  of  all  the  parts  involved, 
would  return  the  limb  to  its  normal  length  and  condition. 
It  could  be  kept  in  place  by  the  application  of  sufficient 
counter-extending  force,  without  the  use  of  splints  in  any 
shape  or  manner.  This  theory  was  put  in  practice  in  1848, 
and  proved  an  entire  success." 

Experience  has  confirmed  the  doctor  beyond  all  question, 
that  the  system  he  espoused  nearly  forty  years  ago  is  better 


CONSERVATIVE   HtJIUJKRV.  160 

than  any  before  or  since  suggested ;  and  in  his  i)iactice,  both 
civil  and  military  (in  two  wars),  he  has  practised  it  always 
successfully,  and  with  better  results  than  could  be  attained 
with  any  other  method.  If  the  assertion  of  the  "  Medical 
Times,"  always  a  great  stickler  for  established  rules,  made  in 
1863,  —  "that  practical  surgery  is  evidently,  at  the  present 
time,  thoroughly  committed  to  conservation,"  —  is  proven 
true,  thousands  who  never  saw,  and  perhaps  never  heard  of, 
Albany's  great  physician  and  surgeon,  will  have  good  cause 
for  thankfulness  that  Dr.  John  Swinburne  lived,  and  inaugu- 
rated a  system  whereby  pain  is  eased  on  the  sick-bed,  and 
limbs  that  otherwise  would  have  been  destroyed  were  saved, 
and  deformity  avoided.  This  alone  would  have  been  a  life 
of  usefulness  rarely  surpassed. 


CHAPTER   XIII. 

CHALLENGING  THE   CRITICS. 

"Willing  to  back  his  Method  with  Money.  —  Preaching  False  Doctrine.  —  More 
Light  wanted.  —  A  Poor  Excuse.  —  A  Sharp  Arraigument. 

The  revolution  in  surgery  that  the  doctor  was  aiming  to 
bring  about  for  the  good  of  humanity  was  not  only  opposed  by 
the  lesser  lights,  but  by  some  who  had  arrogated  to  themselves 
leadership,  and,  assuming  the  place  of  authors,  conceived 
themselves  infallible  in  this  great  science.  But  to  none  of 
them  would  the  doctor  yield  a  point,  or  admit  superior  skill. 
Among  those  who  criticised  his  practice  and  methods  was 
Professor  P'rank  H.  Hamilton,  the  author  of  several  works 
on  surgery.  In  one  of  his  works  he  took  exception  to  Dr. 
Swinburne's  system  of  extension,  and  was  very  positively 
challenged  to  make  a  trial,  and  test  methods  ;  but  the  profes- 
sor, like  Dr.  Clarke,  was  afraid  to  practically  test  the  skill  of 
Dr.  Swinburne,  and  declined  to  enter  into  a  competition  with 
one  he  knew  was  so  aggressive  and  skilful.  The  correspond- 
ence passing  between  them  demonstrates  how  slow  profes- 
sional men  are,  at  times,  to  accept  any  new  or  advanced  ideas. 
The  professor  taught  one  theory,  and  the  doctor  practised 
another;  and  the  latter,  believing  results  were  always  the 
powerful  arguments,  sought  a  friendly  competition  to  arrive  at 
the  best  methods,  and  to  this  end  challenged  the  autlior.  The 
correspondence  of  the  doctor,  and  the  replies,  are  given  as  a 
public  matter,  and  are  as  follows  :  — 

Professor  Frank  H.  Hamilton. 

My  Dear  Sir^  —  In  the  fourth  edition  of  your  work  on 
fractures  and  dislocations,  p.  412,  you  say,  in  speaking  of 
fractures  of  the  femur,  "  I  cannot  think  it  necessary  to  do 
more  than  allude  to  the  practice  of  Jobert  of  Paris,  and  of 


CirALLKNfJIXO    THE   CRITICS.  171 

Swinburne  of  Albany,  who,  rejecting  side  or  coaptation  splints 
altogether,  have  relied  npon  extension  as  means  of  support, 
and  retention  in  the  case  of  fracture  of  the  shaft  of  ihe 
femur." 

Now,  my  dear  doctor,  T  have  since  1848  practised  the  plan 
you  so  incidentally  mentioned  for  fracture  of  the  thigh,  and 
feel  constrained  to  say  that  the  results  not  only  ijear  out  the 
treatment,  but  the  patients  are  far  more  comfortable,  and 
deformity  far  less  likely  to  occur,  than  when  dressed  in  any 
other  manner.  Not  only  have  I  pressed  upon  the  profession 
the  plans  for  treatment  of  the  thigh,  but  also  those  for  treat- 
ment of  the  other  long  bones  ;  viz.,  the  arm,  fore-arm,  and  leg. 
Therefore  I  propose  for  your  consideration  the  following: 
that  we  each  deposit  with  some  third  party  from  one  thou- 
sand to  five  thousand  dollars  (the  whole  amount  to  go  to  some 
eleemosynary  institution  when  the  trial  is  decided;,  and  you 
taking  a  given  number  of  fractures  of  the  long  bones  before 
mentioned  (whether  simple,  compound,  comminuted,  or  com- 
plicated with  luxation  or  other  injuries,  makes  no  difference), 
and  I  taking  a  like  number,  yours  to  be  treated  after  your 
methods,  mine  after  mine  ;  and  if  I  do  not  get  better  results 
in  a  shorter  space  of  time,  with  less  pain  to  the  patients,  I 
am  to  be  declared  the  loser;  but,  if  I  do  gain  such  success, 
you  to  be  the  vanquished,  and,  as  I  said  before,  the  treatment 
for  fractures  of  the  long  bones,  as  advocated  by  me  in  several 
publications  and  in  my  lectures,  to  be  advanced,  and  taught 
in  the  schools. 

I  make  this  proposition,  doctor,  for  the  following  reasons : 
first,  for  the  benefit  of  those  who  are  to  come  after  us,  and 
to  whom  will  fall  the  care  of  these  same  injuries ;  secondl}', 
because,  living  as  you  do  in  the  metropolis,  ample  facilities  can 
be  obtained  for  making  such  a  trial ;  and,  thirdly,  because  in 
all  the  works  on  fractures  with  which  I  am  acquainted,  more 
or  less  deformity  of  wrists,  elbows,  and  fractures  in  other 
localities,  are  spoken  of  as  the  attendant  evils  of  such  acci- 
dents. The  minor  details  we  can  arrange  later,  in  case  you 
see  fit  to  accept  my  proposition,  and  also  decide  upon  im- 
partial judges. 

Hoping  I  may  shortly  hear  from  you  in  regard  to  this 
matter,  as  I  now  am  able  to  give  the  necessary  time  for  such 
a  trial, 

I  remain,  my  dear  sir,  yours  very  truly, 

JOHN   SWINBURNE. 


172  A    TYPICAL    AMERICAN. 

New  Yokk,  Jan.  7,  1879. 
Professor   John  Swinburne. 

My  Dear  Sir^  —  Having  become  convinced,  after  careful 
observation,  that  side  or  coaptation  splints  are,  in  a  majority 
of  cases  of  fracture  of  the  shafts  of  the  long  bones,  essential 
to  the  attainment  of  the  best  results,  I  do  not  think  it  neces- 
sary or  useful  for  me  to  enter  into  the  friendly  contest  which 
you  propose. 

Very  respectfully  yours, 

FRANK   H.    HAMILTON. 

Albany,  Jan.  20,  1879. 

My  Dear  Doctor,  —  I  regret  exceedingly  that  you  should 
have  declined  ray  projDosition  to  test  the  comparative  value 
of  our  respective  plans  for  the  treatment  of  fractures  of  the 
long  bones. 

Our  methods  differ  radically,  and  the  results  claimed  vary 
so  widely  as  to  require  some  explanation :  otherwise  but  one 
conclusion  remains,  that  one  or  the  other  of  us  must  appear 
to  be  preaching  false  doctrine. 

Inasmuch  as  I  am  desirous  of  testing  my  treatment  on  a 
large  scale,  where  competent  and  impartial  judges  can  decide 
npon  the  results  of  this  compared  with  other  methods,  I  ask 
if  you,  as  the  author  of  a  work  on  fractures,  and  a  teacher 
of  students,  will  afford  facilities  for  the  trial  of  a  plan  which 
has  worked  so  favorably  in  my  own  hands.  Inasmuch,  again, 
as  it  is  conceded  that  more  than  one-half  of  the  fractures 
of  the  elbow  result  unfavorably,  and  as  you,  in  the  fourth 
edition  of  your  work  on  fractures  and  dislocations,  report  a 
large  majority  of  CoUes'  fractures  as  imperfect  results,  it 
would  seem  as  if  some  plan,  simple  and  efficient,  should  be 
perfected  at  once,  by  which  the  profession  would  be  enabled 
to  obtain  good  results  in  all  forms  of  fractures.  I  ask  again 
if  you  and  your  friends  are  willing  to  join  me  in  this  essay, 
—  an  important  step  in  the  reformation  already  begun,  and 
which  is  destined  to  revolutionize  the  whole  treatment  of 
fractures. 

The  work  I  began  in  1848,  in  private  practice,  is  now 
bearing  fruit  in  the  treatment  of  all  forms  of  fracture  of  the 
femur ;  and  so  the  methods  of  treating  other  forms  of  frac- 
tures will  undergo  a  complete  change  at  no  distant  time, 
despite  any  efforts  to  retard  or  hinder  it. 

The  more  intelligent  portion  of  the  community  are  de- 
manding greater  light  on  this  subject.  They  are  tired  of, 
and  disgusted  with,  the  multiplicity  of  plans  and  apparatus 


(!IIALLENG1NC}    TJIIO   CiaTI(;8.  17  5 

for  tlie  treatment  of  fractiires,  and  witli  the  want  oi'  an 
orderly  body  of  clear  and  simple  principles  to  guide  them. 
They  can  endure  no  longer  this  hlind  adherence  to,  and  per- 
petuation of,  the  quasi-charhitanisin  which  has  entered  so 
largely  into  the  subject.  The  classes  of  the  Albany  Medical 
College  have,  by  a  unanimous  resolution,  asked  me  to  give 
them  a  synopsis  of  the  treatment  of  all  forms  of  fracture  of 
the  long  bones,  which  I  shall  soon  undertake  to  do;  but,  be- 
fore doing  so,  I  should  like  to  give  you  and  other  surgeons 
full  opportunity  of  examining  in  person  results  as  they  occur 
under  my  treatment.  If,  therefore,  you  are  disposed  to 
afford  me  the  opportunity,  I  will  gladly  avail  myself  of  the 
privilege. 

Yours  respectfully,  etc., 

JOHN   SWINBURNE. 

New  Youk,  Jan.  22,  1879. 

My  Dear  Doctor,  —  I  shall  be  glad  to  see  your  practice 
and  its  results  whenever  it  may  be  convenient  for  you  to 
■  show  them  to  me;  but,  as  I  am  alone  responsible  to  ni}^  pa- 
tients for  their  treatment,  I  cannot  employ,  or  permit  others 
to  employ  in  their  management,  methods  or  forms  of  apparel 
which  an  extended  experience  and  observation  have  convinced 
me  are  not  the  best.  Your  error  is  in  supposing  that  I  have 
not  seen  fractures  treated  by  the  methods  you  prefer,  and  that 
I  have  no  experience  as  to  their  results. 

Be  assured,  my  dear  doctor,  I  am  as  much  interested  as 
yourself  in  the  improvement  of  this  department  of  surgery, 
that  I  hope  to  avoid  "  charlatanry,"  and  that  I  shall  hail 
with-  delight  any  thing  which  brings  with  it  conclusive  or 
substantial  evidence  of  its  utility  or  superiority. 

Yours  very  truly, 
Professor  Swinburne.  FRANK  H.   HAMILTON. 

Albany,  March  IS,  1ST9. 
Professor  Frank  H.  Hamilton. 

Dear  Doctor^  —  Your  note  of  the  22d  inst.  surprised  me. 
It  is  impossible  to  show  you  my '' practice  and  results  "  in 
the  treatment  of  fractures,  if  yon  are  unwilling  to  come  to 
Albany ;  for  I  am  debarred  by  3^ou  and  your  friends  from 
the  treatment  of  fractures  in  the  New- York  hospitals.  The 
words  of  your  note  are,  "  1  cannot  employ,  or  permit  others  to 
employ  in  their  management,  methods  or  forms  of  apparel 


174  A   TYPICAL    AMERICAN. 

which  an  extended  experience  and  observation  have  convinced 
me  are  not  the  best.  Your  error  is  in  supposing  that  I  have 
not  seen  fractures  treated  by  the  methods  you  prefer,  and 
that  I  have  no  experience  as  to  their  results." 

Now,  I  have  serious  doubts  about  your  having  seen  frac- 
tures properly  and  scientifically  treated  after  my  plan,  if,  as 
you  say,  the  majority  of  the  cases  resulted  badly.  Jn  Feb- 
ruary, 1861,  I  had  the  pleasure  of  showing  many  fractures  of 
the  several  long  bones  to  Dr.  Sayre  and  other  New- York  sur- 
geons, and  they  pronounced  them  perfect  results.  All  the 
cases  which  I  have  had  before  my  medical  class  this  and  past 
winters,  and  all  those  of  my  colleague,  have  also  been  perfect 
results.  I  am  in  possession  of  equally  favorable  reports 
from  other  surgeons  who  follow  this  method. 

To  be  more  definite,  let  us  take  a  Colles''  fracture.  In 
your  work  on  fractures  and  dislocations,  published  in  1860, 
you  report  nearly  sevent}^  per  cent  of  failures  in  the  treatment 
of  these  fractures.  In  the  edition  of  1871,  over  seventy  per 
cent  of  failures  are  reported.  I  claim  by  my  method  a  much 
better  showing  than  this.  To  make  my  statement  as  concise 
as  possible,  I  have  never  had  a  bad  result  in  the  treatment 
of  a  Colles'  fracture,  and  have  never  seen  a  bad  result  where 
my  plan  was  properly  applied.  Indeed,  I  have  offered  a  pre- 
mium of  five  hundred  dollars  to  any  one  who  will  produce  a 
bad  result  from  any  form  of  fracture  treated  by  me. 

In  your  work  on  the  treatment  of  fractures,  etc.,  you  are 
very  frank  in  confessing  to  so  many  bad  results,  especially 
while  the  major  portion  of  the  profession,  including  many 
professors  of  surgery,  are  obtaining  equally  bad  results, 
without  the  grace  and  extenuation  of  confession.  Taking 
such  confession  as  a  criterion,  why,  I  ask,  do  you  not  speak 
out  candidly,  and  warn  the  profession  of  the  dangers  attend- 
ing certain  classes  of  fracture  by  my  plan  of  treatment? 
The  mistake  you  make  is  in  supposing  that  I  desire  to  attend 
your  private  patients :  on  the  contrary,  I  assume  there  is 
plenty  of  material  in  the  public  institutions  of  New  York 
for  a  proper  test  of  the  efficacy  of  my  plan  of  treatment. 
Again  :  you  assume  my  plan  of  treatment  is  productive  of 
bad  results.  If  that  is  what  you  mean,  I  am  prepared  to 
put  up  five  thousand  dollars,  as  previously  proposed,  as  a 
test  of  our  comparative  results,  to  compensate  persons  in 
whom  bad  results  may  follow  my  treatment.  In  this  com- 
pensation for  bad  results,  to  be  judged  upon  the  basis  laid 
down  in  your  works,  or  those  of  other  prominent  surgeons,  I 
deem  myself  safe,  after  a  complete  perusal  of  your  published 


CIlALLKN(ilNG   THE   CRITICS.  ii-i 

works  and  occasional  writings  on  the  treatment  of  fractures 
in  private,  public,  and  military  surgery,  and  a  consideration 
of  your  confessed  results. 

Yours  respectfully, 

JOHN   SWINBURNE. 


New  Youk,  March  20,  1879. 
John  Swinburne:,  M.D. 

M'l/  Bear  Sir,  —  I  had  supposed  that  my  last  reply  was 
sufficiently  definite  to  have  assured  you  that  I  was  not  dis- 
posed to  accept  any  challenge,  or  to  investigate  your  mode 
of  treatment  any  further,  except  in  my  own  way  and  at  my 
own  convenience. 

I  will  only  add,  before  dismissing  this  correspondence,  that 
when  you  say  in  your  letter,  "In  your  work  on  fractures 
you  are  very  frank  in  confessing  to  so  many  bad  results,"  — 
"to  seventy  per  cent  of  fractures," — you  convey  the  idea 
that  those  results  were  "bad,"  or  "failures,"  which  were  not 
recorded  as  absolutely  perfect,  and  that  I  intend  so  to  say. 

If  you  will  read  ray  books  again,  or  whatever  else  I  have 
written  upon  this  subject,  you  will  see  that  this  is  not  my 
meaning,  and  that  my  language  has  never  been  capable  of 
such  a  construction.  I  speak  of  results  as  perfect  or  imper- 
fect, but  imperfect  does  not  necessarily  imply  bad  results,  or 
failures.  You  have  a  right,  if  you  choose,  to  call  a  result 
bad,  or  a  failure,  which  is  not  in  all  respects  perfect;  but  I 
do  not.  And  this  is  not  the  fairness  which  one  has  a  right 
to  expect  in  a  controversialist,  where  a  matter  of  science  is 
involved,  when  you  say  I  confess  to  seventy  per  cent  of  bad 
results,  or  failures.  And,  further,  it  ought  not  to  have  es- 
caped your  notice  —  if  you  have  read,  as  you  say  you  have, 
all  of  my  published  writings,  including  my  treatise  on  frac- 
tures, and  especially  the  preface  to  my  paper  on  deformi- 
ties after  fractures,  published  in  the  "  Transactions  of  the 
American  Medical  Association  "  —  that  a  majority  of  the  cases 
referred  to  in  the  general  summaries  were  not  treated  by 
me,  although  they  had  all  been  examined  by  me  ;  my  pur- 
pose being,  as  I  have  repeatedly  stated,  to  furnish,  as  far  as 
possible,  a  fair  estimate  of  what  were  the  usual  or  average 
results  in  the  hands  of  respectable  physicians  and  surgeons. 
They  are  not,  therefore,  mi/  confessions. 

Intending  no  personal  disrespect  to  you.  I  wish  to  say  that 
I  do  not  think  it  will  prove    profitable  to  continue,  and  I 


176  A   TYPICAL    AMERICAN. 

have  110  time  to  devote  to   a   further  correspondence  upon 
this  subject. 

Yours  truly, 

FRANK   H.    HAMILTON. 


Albany,  April  — ,  1879. 
Professor  Frank  H.  Hamilton. 

My  Dear  Doctor^  —  I  regret  extremely  that  you,  in  your 
note  of  the  20th  ult.,  decided  on  "  dismissing  this  correspond- 
ence," because  I  am  sure  much  good  might  come  out  of  its 
cojitinuance.  I  regret,  also,  that  you  should  have  decided 
not  to  investigate  ray  mode  of  treatment  of  fractures  any 
further,  except  in  your  own  way  and  at  your  own  conven- 
ience, because  I  am  quite  sure,  if  you  did  fully  investigate  it, 
your  sense  of  fairness  to  the  profession,  and  desire  to  obtain 
good  results,  would  induce  you  to  accept  the  true  principle, 
and  teach  the  same. 

I  am  very  thankful  that  you  added,  before  "  dismissing  this 
correspondence,"  that  "a  majority  of  the  cases  referred  to 
in  the  general  summaries  were  not  treated  by  me,  although 
they  had  been  examined  by  me."  Now,  my  dear  doctor,  I 
did  not  say  they  were  treated  by  any  one,  but  only  assumed 
they  were  not  treated  by  my  plan.  My  statement  runs  thus  : 
"  In  your  work  on  fractures  and  dislocations,  published  in 
1860,  you  report  nearly  seventy  per  cent  of  failures  in  the 
treatment  of  these  fractures.  In  the  edition  of  1871,  over  sev- 
enty per  cent  of  failures  are  reported."  In  this  I  say  nothing 
as  to  who  attended  them.  But  you  say  it  was  your  purpose 
"  to  furnish,  as  far  as  possible,  a  fair  estimate  of  what  were 
the  usual  or  average  results  in  the  hands  of  respectable  phy- 
sicians and  surgeons.  They  are  not,  therefore,  my  confes- 
sions." It  is  presumable  that  both  you,  and  the  "  respectable 
physicians  and  surgeons  "  mentioned,  made  the  best  results 
you  could  in  each  individual  case.     If  not,  why  not? 

In  the  above-mentioned  note  you  complain  of  my  saying 
that  you  confess  to  seventy  per  cent  of  bad  results,  or  "  fail- 
ures." 

In  this  I  may  have  spoken  hastily.  I  hope  to  correct  the 
statement  by  quoting  your  precise  language.  In  your  work 
on  fractures  and  dislocations  (ed.  1871),  p.  281,  you  speak 
as  follows  of  ninety-five  fractures  of  the  lower  third  of  the 
radius :  "  Only  twenty-six  are  positively  known  to  have  left 
no  deformity,  or  stiffness  about  the  joint."  In  this  quo- 
tation no  reference  is  made  as  to  who  was  the  surgeon,  but 


OIIALLKNOINC;    THE   CRITrCR.  177 

the  inference  might  be  driivvii  that  it  was  the  work  of  "the 
author."  I  am  pleased,  therefore,  to  learn  from  your  note 
that  the  c-iscs  were  not  yours,  because  you  coiift^ss  in  the 
next  line  that  "it  i.s  probable,  however,  tijat  the  number  of 
perfect  results  niiglit  be  somewhat  extended."  It  is  [jleasaut, 
I  say,  to  hear  this;  but  unforUiiiately,  if  we  consult  the  two 
following  pages  ([)p.  282,  28-3),  the  illusion  and  the  [jhiasure 
are  at  once  dispelled.  Your  statements  are  as  follows  :  "  If  we 
confine  our  remarks  to  CoUes'  fractures,  the  deformit}''  which 
has  been  observed  most  often  consists  in  a  projection  of  the 
lower  end  of  the  vdna  inwards,  and  generally  a  little  fcu'wards. 
In  a  large  majority  of  cases  this  is  accompanied  with  a  per- 
ceptible falling-oif  of  the  hand  to  the  radial  side,  while  in 
a  few  it  is  not.  After  this,  in  point  of  frequency,  I  have 
met  with  the  backward  inclination  of  the  lower  fragment. 
Robert  Smith  found  this  displacement  almost  constant  in  the 
cabinet  specimens  examined  by  him  ;  and  it  is  very  probable 
that  nearly  all  of  the  examples  examined  by  myself  would 
present  more  or  less  of  the  same  deviation  upon  the  naked 
bone." 

Again :  "  The  fingers  are  quite  as  often  thus  anchylosed, 
after  this  fracture,  as  the  wrist-joint  itself,  —  a  circumstance 
which  is  wholly  inexplicable  on  the  doctrine  that  the  an- 
chylosis is  due  to  an  inflammation  in  the  joints.  Indeed,  I 
have  seen  the  fingers  rigid  after  many  months,  when,  having 
observed  the  case  throughout  myself,  I  was  certain  that  no 
inflammatory  action  had  ever  reached  them. 

Again,  quoting  Dr.  Mott,  and  coinciding  with  him,  "  Frac- 
tures of  the  radius  within  two  inches  of  the  wrist,  where 
treated  by  the  most  eminent  surgeons,  are  of  very  difficult 
management  so  as  to  avoid  all  deformity :  indeed,  more  or 
less  deformit}'"  may  occur  under  the  treatment  of  the  most 
eminent  surgeons;  and  more  or  less  imperfection  in  the  mo- 
tion of  the  wrist  or  radius  is  very  apt  to  follow  for  a  longer 
or  shorter  time.  Even  when  the  fracture  is  well  cured,  an 
anterior  prominence  at  the  wrist,  or  near  it,  will  sometimes 
result  from  swelling  of  the  soft  parts." 

In  sixty-six  of  the  ninet3'-two  cases  of  Colles'  fracture, 
there  was  "perceptible  deformity,"  or  "stiffness  about  the 
joint,"  and  oul^^  twentj^-six  had  no  "perceptible  deformity." 
Is  it  fair,  then,  for  you  to  complain  of  m}'  calling  these  sixty- 
six  or  seventy  per  cent  of  Colles'  fractures  "  bad  results," 
or  "failures,"  simply  because  they  were  not  treated  by  you, 
but  were  the  "  confessions  "  of  other  "  respectable  physicians 
and  surgeons  "  ? 


178  A   TYPICAL  AMERICAN. 

I  judge,  however,  that  you  have  treated  some  cases  of 
Colles'  fractures:  for  I  find  on  p.  290  (ed.  1871)  a  cut  of 
"  the  author's  splint,"  which  seems  to  be  a  pistol  splint  for 
the  inside  of  the  arm,  and  a  plain  straight  deal  splint  for  the 
dorsal  portion  of  the  arm,  with  accompanying  directions  for 
its  use,  and  the  dressings  employed  by  "respectable  physi- 
cians and  surgeons ;  "  viz.,  compresses,  bandages,  etc.  The 
advantages  which  the  author  claims  for  this  splint  are,  "  facil- 
ity and  cheapness  of  construction,  accuracy  of  adaptation, 
neatness,  peimanency,  and  fitness  to  the  ends  proposed." 
And  still  the  author  does  not  claim  that  this  apparatus  in  his 
hands,  or  in  the  hands  of  any  one  else,  although  it  possesses 
all  of  these  qualities,  produces  any  better  result  than  twenty- 
six  out  of  ninety-two. 

In  speaking  of  the  treatment  of  Colles'  fractures,  "the  au- 
thor "  cautions  the  reader  about  the  use  of  bandages,  splints, 
etc.,  and  goes  so  far  as  to  assert,  "  I  have  no  doubt  that  very 
many  cases  would  come  to  a  successful  teimination  without 
their  use,  if  only  the  hand  and  the  arm  were  kept  perfectly 
still  in  a  suitable  position  until  bony  union  was  effected."  In 
this  belief  I  think  we  are  quite  agreed  ;  but  may  I  ask,  Does 
"the  author's  "  plan  accomplish  this  without  injury  to  the  soft 
parts?  He  does  not  tell  us,  but  only  adds  that  "during  the 
first  seven  or  ten  days  these  cases  demand  the  most  assiduous 
attention,  and  we  had  much  better  dispense  with  the  splints 
entirely  than  to  retain  them  at  the  risk  of  increasing  the 
inflammatory  action." 

Again  on  p.  292:  "More  than  once,  indeed,  it  has  occurred 
that  surgeons  have  been  so  intent  on  preserving  fractures  in 
their  proper  position,  that  the  extreme  constriction  employed 
has  actually  caused  destruction  of  the  soft  parts.  A  piece  of 
advice  which  I  have  frequently  given,  and  which  I  cannot 
too  often  repeat,  is  to  avoid  too  much  tightening  of  the 
apparatus  for  fractures  during  the  first  few  days  of  its  being 
worn;  for  the  swelling  which  supervenes  is  always  accom- 
panied by  considerable  pain,  and  may  be  followed  by  gan- 
grene." Then  follows  four  pages  of  history  of  cases  wheie 
gangrene  supervenes  on  the  use  of  bandages.  With  these  facts 
before  him,  distinctly  perceived  and  acknowledged,  the  author 
still  persists  in  employing  and  recommending  bandages,  com- 
presses, etc.,  instead  of  treating  his  fractures  so  that  there 
should  be  no  danger  from  compression,  and  gangrene  from 
retarded  circulation. 

Since  writing  the  above,  I  have  received  a  letter  from  a 
lady  of  refinement  and  education,  living  in  Auburn,  N.Y., 


CHALLENGING    THE   CRITICS.  179 

who  some  time  in  Nov(!ml)er,  1878,  came  to  this  city  from 
iie.'ir  Pliiladelphiii,  and  sent  for  me  to  redress  h(;r  l)roken  arm. 
I  round  that  about  tiirec  or  four  weeks  j)r(ivious  slie  had 
fallen,  and  })r<jduced  a  Colles'  fracture,  which  liad  been 
treated  by  a  "respectable  ])hysician  and  surgeon,"  before 
coming  here,  with  the  pistol  s[)lint.  On  examinaticm,  I  in- 
formed her  that  union  had  taken  place  perfectly;  that  the 
limb  was  strong,  but  that  it  was  deformed  and  almost  use- 
less, and  would  remain  so  for  life.  I  re-applied  the  bandages, 
as  before,  and  told,  her  that  the  deformit}^  could  not  be  re- 
moved excei)t  the  bone  be  refructured  and  united,  and  that, 
aside  from  this,  there  was  no  necessity  for  surgical  interfer- 
ence. She  paid  no  regard  to  this  advice,  as  will  be  seen  from 
a  note  of  hers,  March  29,  1879,  in  reference  to  her  present 
condition. 

"  Some  four  months  have  elapsed  since  I  arrived  here. 
You  called  upon  me  last  November  at  the  Delevan  House  in 
Albany,  and  bandaged  my  broken  wrist.  What  you  told  me 
then  about  my  broken  bones  I  have  found  strictly  true.  I 
cannot  shut  my  left  hand:  it  is  swollen  on  the  back  (silver- 
fork  deformity),  and  the  under  part  of  my  wrist  near  the 
little  finger  is  also  swollen.  I  am  in  poverty.  I  have  suf- 
fered cold  and  hunger,  and  for  medical  services,  since  I  came 
here."  She  adds,  "  If  I  had  staid  in  Albany,  and  placed 
myself  under  your  care  professionally,  I  should  have  been 
well  now." 

I  have  no  doubt  that  in  this  case  I  could  have  refractured, 
and  restored  the  parts  to  their  place.  I  have  accomplished 
it  in  similar  cases  before.  A  lady  in  this  city  came  to  me 
with  a  Colles'  fracture,  having  the  following  history:  About 
thirteen  years  since,  she  fell,  and  sustained  a  Colles'  fracture. 
It  was  treated  by  one  of  our  most  accomplished  village  sur- 
geons with  the  usual  pistol  splint.  Months  passed  before  the 
wrist  could  be  used  at  all ;  and  from  that  time  it  continued  de- 
formed and  measurably  useless,  until  a  few  weeks  ago,  when 
she  fell,  and  refractured  the  radius  at  about  the  same  point 
(about  one  inch  from  the  wrist-joint).  This  I  treated  by  my 
plan.  At  the  end  of  three  weeks  she  had  good  use  of  the 
wrist ;  at  the  end  of  six  weeks  the  wrist  was  as  strong  and 
useful  as  it  was  before  the  first  fracture,  and  with  no  percep- 
tible impediment  to  motion. 

Authors  concede  that  fractures  of  the  elbow-joint  are  dif- 
ficult to  treat,  and  that  a  very  large  percentage  result  badly ; 
or  rather  less  than  one-half  are  perfect  after  such  fractures 
From  my  own  plan,  on  the  contrary,  I  know  of  no    cases 


180  A   TYPICAL   AMERICAN. 

which  have  resulted  badly,  either  in  my  own  hands  or  in  the 
hands  of  others.  This  consists  in  double  extension,  double 
counter-extension,  and  retention  of  the  limb  in  its  normal 
position  ;  the  restoring  of  circulation,  thus  avoiding  intlam- 
raation  ;  the  effecting  of  apposition  as  much  as  possible,  and 
retaining  such  apposition  without  constriction,  thus  avoiding 
excessive  callus,  or,  rather,  obtaining  union  as  nearly  as  possi- 
ble by  the  first  intention,  and  thus  escaping  deformity. 

The  author's  plan  is  in  sharp  contrast  to  this.  He  seeks 
to  reduce  the  fracture,  and  retain  it  in  position  by  the  use  of 
an  apparatus  which  prevents  a  redisplacement  only  by  ex- 
cessive constriction,  thereby  risking  gangrene  ;  or,  if  not  suf- 
ficiently tight,  a  redisplacement  may  result,  and  a  perpetuation 
of  the  original  deformity.  In  confirmation  of  this,  I  refer  to 
the  author's  "  elbow  splint  "  (p.  252  of  the  work  on  fractures 
and  dislocations,  ed.  1871).  1  confess  that  with  me  it  seems 
impossible  to  obtain  good  results  with  such  an  apparatus; 
for,  if  the  bones  are  reduced  in  the  first  instance,  I  do  not  see 
how  they  can  be  held  in  position  without  excessive  banda- 
ging—  unless,  indeed,  extension  is  made  use  of.  It  is  ban- 
daging, however,  which  the  author  recommends ;  but  his 
recommendation  is  weakened  by  a  concession  of  not  the  best 
results  from  this  dangerous  practice. 

In  proof  of  some  of  my  statements,  permit  me  to  outline 
briefly  a  case  which  recently  came  under  my  obsei-vation,  in 
which  the  patient  was  treated  by  one  of  my  colleagues  accord- 
ing to  ray  plan.  M.  C,  aged  twenty-six,  weight  a  hundred 
and  sixty  pounds,  height  five  feet  eleven  inches,  carpenter 
by  trade,  fractured  his  arm  through  the  olecranon  and  coio- 
noid  fossse.  His  arm  was  dressed  twelve  hours  after  the  acci- 
dent :  it  was  painful  and  much  swollen.  It  was  redressed 
only  twice  during  the  following  three  weeks.  When  the 
dressings  were  removed,  union  was  firm :  there  was  some 
thickening  of  the  soft  parts  about  the  joint,  but  there  was  no 
pain  on  flexion,  extension,  or  rotation.  The  flexion  was  per- 
fect. Extension  was  made  to  within  five  degrees  of  a  straight 
position.  Apparatus  was  not  again  applied.  The  patient  ab- 
sented himself  from  his  physician  for  three  weeks  ;  then  he 
came  before  myelinic,  stating  that  he  had  recommenced  work 
at  his  trade  four  weeks  after  the  accident.  One  week  after 
the  apparatus  was  removed,  he  had  worked  for  a  fortnight  at 
his  trade.  At  this  time  he  found  some  soreness  in  the  joint, 
and  some  spasms  of  the  biceps  from  too  violent  exercise.  The 
motion  was  as  complete  as  at  the  expiration  of  the  three 
weeks.    By  forced  extension,  the  arm  could  be  carried  nearly 


OlIALI.KNCilNCJ    TIIK    CniTICS.  181 

straight  to  within  not  iiioio  tliari  tlircc  degrees  of  perfect 
ext(!ii.sion. 

Willi  regard  to  side  oi-  eoa[)tation  splints.  In  your  note 
of  Januiiry  you  say  tliey  "are,  in  a  inajority  of  eases  of  frac- 
tures of  the  shafts  of  the  long  bones,  essential  to  the  attain- 
ment of  the  best  results,''  and  urge  th;t,t  for  this  reason  it  is 
unnecessary  to  enter  into  a  contest  which  designs  to  test  any 
other  method  of  treatment. 

You  may  remember  that  in  my  fii'st  note  to  you  T  stated 
that,  in  the  winter  of  18-I:H-4U,  I  eonimenced  the  treatment  of 
fractures  of  the  thigh  by  permanent  extension  alone,  and  in 
1859  I  read  before  the  Medical  Society  of  this  State,  papers 
showing  the  results  of  my  treatment,  which  were  published 
ill  the  "  Transactions  of  the  Medical  Society  "  of  that  year. 
My  work  was  begun  in  private  practice,  and  before  any  hos- 
pital was  organized  in  this  city  ;  and  I,  for  this  reason,  neg- 
lected at  the  first  to  make  notes.  The  results  I  speak  of, 
however,  were  scrutinized  by  the  skilled  eyes  of  Professors 
Marsh  and  Armsby ;  and  I  could  wish  for  no  better  evidence 
of  their  excellence  than  the  inability  of  these  able  men  to 
discover  any  bad  cases  or  failures. 

In  your  work  on  fractures  and  dislocations  (ed.  1860, 
p.  404),  in  speaking  of  extension,  you  say, — 

"  If  we  consider  the  muscles  alone  as  the  cause  of  the  dis- 
placement in  the  direction  of  the  long  axis  of  the  shaft,  the 
shortening  of  the  limb,  other  things  being  equal,  must  be  pro- 
portioned to  the  number  and  power  of  the  muscles  which 
draw  upward  the  lower  fragment.  This  will  vary  in  different 
portions  of  the  limb ;  but  nowhere  will  this  cause  cease  to 
operate,  nor  will  its  variations  essentially  change  the  prog- 
nosis. 

"I  have  not  intended  to  say  that  other  causes  do  not  oper- 
ate occasionally  in  the  production  of  shortening,  but  only 
that  muscular  contraction  is  the  cause  by  which  this  result 
is  chiefly  determined,  and  that  its  power  will  be  ordinarily 
the  measure  of  the  shortening." 

In  this  passage  you  concede  that  the  muscles  are  the  main 
cause  for  the  shortening  of  bone,  or  its  longitudinal  deform- 
ity, and  still  you  cling  tenaciously  to  the  use  of  the  long  side 
and  coaptation  splint.  You  introduce  (p.  414,  ed.  1860)  a 
cut  of  the  treatment  of  fractures  of  the  thigh  bv  weight 
and  pulley,  side  and  coaptation  splints,  and  state  that  this  is 
the  plan  suggested  by  L.  A.  Dugas  of  Augusta,  Ga.  This 
was  prior  to  the  date  at  which  Dr.  Ruck  of  New  York  com- 
menced his  treatment  by  weight  and  pulley.     Nothing  in  your 


182  A   TYPICAL   AMERICAN. 

work,  however,  is  said  or  done  toward  simplification  of  the 
treatment  of -fractures  by  means  of  extension  alone. 

This  latter  is  the  prime  aim  which  I  have  ever  had  in  view. 
In  1861  I  read  a  paper  before  the  State  Medical  Society 
(published  in  the  "  Transactions  "  of  the  same  .year),  on  the 
treatment  of  fractures  of  all  the  long  bones  by  extension  alone. 
It  created  a  great  deal  of  discussion  at  the  time ;  but  the 
results  shown  were  so  satisfactory,  that  the  treatment  has 
gradually  and  surely  gained  ground  in  the  profession.  I  see, 
on  reference  to  your  edition  of  1871,  that  you  have  yourself 
modified,  if  not  changed,  your  views  on  this  subject ;  for  I 
find  cuts  (pp.  272,  238,  239,  487)  representing  fractures  being 
treated  by  extension,  without  side  or  coaptation  splints.  The 
cut  on  p.  272  again  carries  out  the  principle  I  advanced  in 
1861. for  treatment  of  all  fractures  of  the  foie-arm,  except  that 
in  the  cut,  extension  is  made  with  elastic  bands,  and  the  re- 
tention, therefore,  is  not  so  sure.  It  is  a  decided  advance 
upon  the  author's  treatment  of  fractures  of  the  fore-arm, 
because  it  avoids  compression,  and  longitudinal  and  lateral 
distortion,  and  mortification.  The  principal  objection  to  it  is 
its  complexity.  On  p.  238  there  are  no  side  or  coaptation 
splints  indicated  as  such.  This  principle  is  substantially  the 
one  advocated  by  me  in  1861.  The  cut  on  p.  239  shows 
extension  alone  in  its  simplest  form,  and  would,  I  doubt  not, 
effect  good  results,  if  it  could  be  controlled  night  and  day,  so 
as  to  avoid  too  much  or  too  little  extension.  One  can  well 
see  that  it  might  be  open  to  the  objections  made  against  too 
much  extension  in  the  arm,  on  the  part  of  those  who  criticised 
my  paper  on  extension  in  1861.  Again:  on  p.  487  a  cut  is 
given  for  the  treatment  of  gunshot  fractures  of  the  thigh  by 
extension  alone,  without  the  side  or  coaptation  splint,  and,  in 
fact,  without  any  of  the  appliances  before  adhered  to,  and 
now  advocated  as  necessary  for  good  results.  No  mention  is 
made  of  my  plan  of  treatment  for  gunshot  fractures  by  ex- 
tension without  splints  ("Transactions"  of  1864)  by  impro- 
vising a  stretcher  upon  which  soldiers  could  be  treated  on 
the  field  of  battle  as  well  as  in  permanent  hospitals.  Ihe 
only  difference  was,  that  there  was  no  hole  in  the  canvas  on 
which  the  soldier  was  to  lie,  and  the  extension  was  to  be  per- 
manent. By  a  vote  of  the  society  of  the  State,  I  was  directed 
to  present  a  copy  of  the  paper,  and  a  cut  of  the  plan,  to  the 
surgeon-general  of  the  United-States  army.  I  complied  in 
March,  1864,  and  I  have  no  doubt  the  plan  given  on  p.  487 
was  taken  from  my  paper  ("Transactions,"  1864). 

I  cannot  help  thinking  that  the  time  will  come  when  you 


(MIAM.KNCiINf;    TIIIO    CIUTICS.  183 

will  be  iiidiicud  to  Jiocept  tlie  plan  of  trealtnont  of  tlie  loii^ 
bones  by  extension  and  retention  alone.  On  p.  407  yon 
have  r(!ally  made  a  step  towiirds  it  by  giviii}^  an  exact  eut  of 
the  j)liiii,  oiv(!n  in  your  edition  of  1800  as  "  I)iigas\s  method," 
with  the  exee[)tion  that  the  side-s[)lint  has  sloughed  oiT,  and 
the  coaptation  dress  alone  is  retained :  p.  239  evinces  a 
further  advance.  I5ut  still  the  plan  for  extension  herein  illus- 
trated is  defective:  it  is  like  a  steam-boiler  without  a  safety- 
valve,  or  a  train  of  cars  without  brakes  to  regulate  the  motion 
of  the  (!ars. 

Stated  briefly,  then,  the  difference  between  our  treatment 
consists  in  this :  you  adhere  to  coaptation  splints,  bandages, 
etc.,  as  necessary  to  good  results  ;  whereas  I  claim,  and  am  pre- 
pared to  prove,  that  splints,  bandages,  etc.,  are  entirely  useless 
per  se,  even  injurious,  except  only  so  far  as  through  splints 
extension  may  be  made  to  the  normal  length,  and  perpetuated. 
In  view  of  the  facts  herein  set  forth,  I  ask  in  all  fairness,  Do 
not  the  j)ublic,  and  the  honor  of  the  profession,  demand  a  full 
review  of  the  methods  now  in  use  for  the  treatment  of  frac- 
tures, with  a  view  to  simplification  and  more  perfect  results  ? 
Many  men  refuse  to  treat  these  injuries,  as  they  know  not  what 
plan  to  follow  ;  and  the  fear  of  bad  results  only  tends  to  make 
them  more  timid.  The  public  cannot,  nor  can  the  physician, 
have  always  at  hand  a  surgeon  of  experience  in  the  treatment 
of  fractures.  And  as  the  injured  man  must,  of  necessity,  trust 
his  limb  to  his  doctor,  he  has  a  right  to  have  the  best  result 
known  to  surgery,  while  the  doctor  must,  in  fear  and  trem- 
bling, lean  upon  the  complicated  measures  laid  down  in  the 
text-books,  and  consider  himself  wonderfully  fortunate  if  a 
passable  result  is  obtained,  suflficient  to  save  him  from,  may- 
hap, a  ruinous  lawsuit,  and  loss  of  professional  standing. 

I  can  only  regret,  my  dear  doctor,  that  you  decline  so  abso- 
lutely to  continue  this  correspondence.  It  was  begun  with 
the  desire  to  simplify  and  advance  the  treatment  of  these 
classes  of  fracture  ;  and  with  that  desire  I  wrote  to  you  as  an 
author,  teacher,  and  authority'  for  the  profession  on  these  in- 
juries. Ma}^  I  hope  you  will  reconsider  your  determination, 
and  that  I  may  shortly  hear  further  from  ^-ou. 

I  remain,  my  dear  doctor, 

Yours  very  truly, 

JOHN   SWINBURNE. 


CHAPTER   XIV. 

MEDICAL    JURISPRUDENCE. 

Swinburne  as  an  Expert.  —  Murder  by  Aconite.  —  The  Young  Napoleon.— 
"Now  we  have  You!" — Abortion  by  Air  in  Uterine  Veins. — A  New 
Discovery.  —  Wife  witli  Throat  cut.  —  A  Preacher  tried  for  Murder.— 
Expert  on  Bullet-Wounds.  —  Not  against  the  Professi^on.  —  What  Leading 
Scientists  think. 

There  are  few,  if  indeed  any,  physicians  in  this  State  who 
have  been  summoned  to  the  witness-stand  as  a  medical  and 
scientific  expert  so  often  as  Dr.  John  Swinburne,  in  cases  at 
times  involving  the  most  difficult  questions  known  to  the 
profession,  and  in  some  instances  where  not  only  the  liberty, 
but  the  lives,  of  persons  depended  on  the  solution  of  the 
scientific  points  involved.  In  these,  neither  persuasion,  in- 
timidation, social  position,  nor  the  opposition  of  many  of  the 
recognized  lights  in  the  medical  profession,  had  any  weight 
in  preventing  him  from  a  fearless  and  conscientious  dis- 
charge of  that  duty  he  felt  he  owed  the  living  as  well  as  the 
dead.  He  believed  that  in  every  instance  of  death,  where 
the  cause  was  an  undecided  question,  it  was  a  religious  duty 
of  science,  to  whose  care  the  lives  and  health  of  the  people 
were  intrusted,  to  ferret  it  out ;  and  that  in  so  far  as  the 
profession  failed  to  discover  and  reveal  the  causes  of  death, 
where  enshrouded  in  mystery,  so  far  the  physician,  as  a  scien- 
tist, was  a  failure;  and  that  the  physician  who  failed,  when 
called  upon,  to  make  the  proper  investigations,  and  render  an 
unbiassed,  fearless,  and  honest  verdict,  was  guilty  of  a  criminal 
act,  and  recreant  to  his  high  and  honorable  calling.  In  many 
of  the  cases  where  he  has  been  called  as  an  expert,  he  had  to 
encounter  a  bitter  and  stubborn  opposition  from  most  of  the 
profession ;  in  some  of  the  most  important  cases  having  the 
influence  and  power  of  almost  the  entire  profession  against 
him.     But  a  remarkable  fact  in  connection  with  these  inves- 


MKDICAL   .lUIlIHI'iajDICNCK.  185 

ti<;iiti()iis  liiis  bccM  tliiit  ciroiiiiistiuiccs,  und  tlio  loading  men 
of  tlie  profession,  both  in  r'.urope  and  litis  country,  demon- 
strated afterwards  that  he  was  correct.  For  years  after 
graduating,  most  of  his  leisure  time  had  been  devoted  to 
anatomical  research  in  the  dissection  of  dead  bodies;  so  that, 
when  first  called  as  an  expert,  he  was  thoroughly  conversant 
with  the  anatomy  of  man,  and  the  nature  and  effects  of  min- 
eral and  vegetable  poisons. 

Less  than  a  year  after  graduating,  the  young  doctor  was 
called  to  testify  in  an  action  for  damages  before  Judge  Ii-a 
Harris.  A  man,  in  passing  through  a  store  in  Albany,  had  a 
box  fall  on  him,  injuring  the  bones  of  the  neck.  On  the 
advice  of  the  doctor,  the  man  went  to  his  home  in  another 
part  of  the  State,  and  returned  a  year  afterwards,  when  his 
head  Avas  so  fixed,  from  the  result  of  these  injuries,  that  he 
could  not  turn  it  to  one  side  or  the  other  without  turning 
the  whole  body.  On  the  trial,  the  questions  for  the  medical 
experts  to  decide  were  the  injury  to  and  the  condition  of  the 
neck.  On  the  stand  the  doctor  held  that  the  inflammation 
following  the  injury  resulted  in  the  seven  bones  leading  from 
the  atlas  down  to  the  vertebrae  of  the  chest  being  anchylosed, 
and  introduced  half  a  dozen  specimens  analogous  to  this  one 
to  sustain  the  position  assumed.  As  a  result  of  his  testimony 
in  opposition  to  that  of  the  experts  for  the  defendants,  the 
jury  gave  a  verdict  for  the  amount  claimed  as  damages. 

A  half-decade  in  his  early  career  as  a  ph^'sician  and  sur- 
geon had  scarcely  passed,  when  he  was  suddenly  brought 
prominently  before  the  profession  and  the  world  in  the  trial 
of  John  Hendrickson,  jun.,  for  the  murder  of  his  wife,  which 
was  tried  before  Judge  Marvin  in  the  June  (1853)  terra  of 
the  oyer  and  terminer  in  Albany.  The  trial  lasted  three 
weeks,  resulting  in  the  conviction,  sentence  to  death,  and 
final  execution,  of  the  prisoner. 

Dr.  Swinburne  had  then  been  in  practice  less  than  seven 
years  when  this  trial  took  place,  which  was  characterized  by 
Attorney-Gen.  Chatfield  as  a  case  of  more  importance  than 
any  that  had  ever  occurred  in  this  country,  and  of  as  great 
importance  as  any  that  has  occurred  in  the  civilized  world. 


186  A   TYPICAL   AMERICAN. 

"  I  do  not  mean,"  he  said,  "  to  say  that  one  case  of  murder  is 
any  more  important  than  another ;  but  to  all  its  surrounding 
circumstances,  the  mj'^stery  involved,  the  novel  and  stealthy 
instrument  of  death,  the  effect  that  the  introduction  of  this 
means  of  securely  murdering  would  have  in  increasing  crime, 
the  medical  and  chemical  questions  which  have  arisen,  —  I 
repeat,  from  all  these  reasons,  it  is  one  of  greater  importance 
than  has  ever  occurred  in  this  country." 

On  the  6th  of  March,  1853,  Maria,  the  wife  of  John  Hen- 
drickson,  was  found  dead  in  her  bed  in  the  town  of  Bethle- 
hem, Albany  County,  by  her  husband,  who  occupied  the  bed 
with  her,  on  his,  as  he  alleged,  being  awakened  by  her  crowd- 
ing him.  The  following  day  Dr.  Swinburne  was  called  by 
the  coroner,  Dr.  Thomas  Smith,  to  view  the  body  ;  and  the 
succeeding  day,  in  presence  of  the  coroner  and  another  phy- 
sician, he  held  a  post-mortem  of  the  remains,  and  found  :  — 

"  Face  and  anterior  portion  of  the  body  unusually  pale,  and 
apparently  bloated,  swollen,  or  puffed,  —  the  face  decidedly 
so,  —  and  presenting  an  almost  translucent  and  watery  ap- 
pearance, though  very  calm  and  composed,  and  no  distortion. 
Eyes  and  mouth  closed  ;  teeth  about  one-quarter  of  an  inch 
apart. 

"  On  the  inside  of  the  lower  lip,  a  little  to  one  side  of  the 
median  line,  and  down  near  the  alveolar  process,  so  that  it 
could  not  have  been  injured  by  the  teeth,  was  a  distinct,  true 
ecchymosis  as  large  as  a  dime ;  and  in  this  was  a  cut,  of  one- 
quarter  of  an  inch  in  length,  extending  through  the  mucous 
membrane,  and  into  the  tissue  beneath.  Both  were  evidently 
produced  at  or  near  the  time  of  death. 

"On  the  posterior  part  of  the  body  there  was  extensive 
suggillation  nearly  two-thirds  of  the  way  round,  and  extend- 
ing from  the  hips  to  the  head.  The  blood  seemed  to  have 
all  forsaken  the  anterior,  and  gravitated  to  the  posterior  por- 
tion, evidencing  its  great  fluidit}'-. 

"  Post-mortem  rigidity  and  elasticity  were  remarkable.  The 
entire  voluntary  system  of  muscles  was  so  rigid  and  elastic  as 
to  prevent  them  from  being  relaxed  The  jaws  were  firmly 
fixed.  The  arms  and  legs  would  fly  back  with  great  force 
when  any  attempt  was  made  to  flex,  extend,  or  separate 
them.  Upon  dissection,  the  rigidity  and  elasticity  were 
found  to  exist  only  in  the  muscular  structure,  and  was  not, 


MEDICAL   .JdlMSPRUDENOE.  187 

ill  fact,  simple  ciidavorons  ri^adity.  Tlie  neck  was  so  stifT, 
that,  in  attempting  to  bend  it,  tlie  whole  body  wouhl  be  lifted 
up.     The  lips  were  of  a  bluish  white,  and  swollen. 

"  Tiie  tongue  was  extremely  white,  i'urred,  swolh-n,  and 
indented  on  the  edges,  as  if  by  th(;  teeth.  The  heart  was 
healthy  but  empty,  except  a  small  clot  in  the  right  auricle  ; 
lungs  healthy  and  normal  (cavas  contained  about  two  ounces 
of  (lark  fluid  blood)  ;  liver  healthy  and  normal,  while  the 
gall-bladder  was  not  more  than  half  full.  Spleen,  kidneys, 
and  pancreas  were  healthy  and  normal.  Womb  was  indu- 
rated and  enlarged  very  much,  about  one  inch  adhering 
to  the  small  intestine,  while  the  os  was  ulcerated  ;  internal 
cavity  twice  its  normal  caliber.  The  ovaries  were  enlarged 
to  about  twice  their  normal  size,  while  one  of  them  contained 
a  clot  of  blood  half  an  inch  in  diameter  near  its  centre.  The 
blood  contained  in  the  above-named  organs  had  so  far  gravi- 
tated to  the  capillaries  of  the  dependent  portion  of  the  body, 
that  during  the  dissection  the  hands  and  instruments  were 
scarcely  soiled  with  blood;  while  the  only  blood  in  these 
organs  was  mostly  in  the  cavas,  and  that  in  a  fluid  state. 

"  The  dura  mater  was  more  than  normally  adherent  to  the 
skull ;  the  arachnoid  presented  some  opacity  near  the  top  of 
the  skull ;  the  brain  was  healthy,  while  upon  its  surface  it 
was  congested,  or  its  veins  were  full  of  blood,  slightl}'  con- 
gested ;  the  base  and  the  spinal  cord  of  the  cervical  vertebice 
were  normal  and  healthy.  The  peritoneal  surface  of  the 
stomach  and  intestines  was  red  and  congested.  The  stomach 
was  contracted  to  about  two  inches  in  diameter  (one-third 
of  its  normal  capacity),  and  thickened  bj'  this  contraction  to 
more  than  twice  its  normal  condition.  The  mucous  mem- 
brane was  thrown,  from  the  contraction  of  its  muscular  coat, 
into  folds,  and  covered  with  bloody  viscid  mucus.  This  mu- 
cous coat  was  at  least  five  to  six  inches  in  diameter ;  and  from 
this  some  idea  can  be  formed  of  its  folding  or  corrugation. 
The  duodenum  and  all  the  small  intestines  were  contracted 
both  ways,  longitudinally  and  transverseh' :  its  inner  coat 
was  highly  congested,  folded  upon  itself,  and  covered  with 
mucus  mixed  with  blood.  The  jejunum  was  in  a  high  state 
of  congestion  and  contraction ;  its  mucous  coat  covered,  like 
the  duodenum,  with  mucus  strongly  tinged  with  blood.  The 
ilium  was  considerably  congested  and  contracted,  but  a  little 
less  than  the  jejunum  ;  the  mucous  coat,  covered  with  viscid 
matter,  and  more  highly  tinged  with  blood.  All  these  por- 
tions of  the  intestines  were  contracted  to  about  one-half  their 
normal  diameter,  while  the  corrugation  was  strongly  marked. 


188  A   TYPICAL   AMERICAN. 

The  viscid  matter  had  somewhat  the  appearance  of  chyle 
and  chyme,  while  in  none  of  them  could  there  be  found  any 
thing  resembling  excrementitious  or  fecal  matter.  The  cse- 
cum  was  filled  with  thin,  watery,  fecal  matter  ;  and  the  walls 
in  contact  with  it  were  considerably  congested :  in  it  were 
lemon,  coriander,  and  other  seeds  in  considerable  quantity. 
The  upper  part  of  the  colon  contained  thin  and  less  watery 
fecal  matter  than  the  caecum  ;  nearer  the  rectnm  it  became 
more  solid;  the  lower  part  was  quite  dry  and  hard.  The 
rectum  contained  fecal  matter,  dry  and  hard,  as  if  from  ex- 
treme costiveness.  The  bladder  was  quite  healthy  and 
empty,  but  contracted  to  about  two  inches  in  diameter,  while 
its  mucous  coat  was  thrown  into  folds,  and  its  muscular  coat 
firm  and  rigid.  Its  mucous  lining  was  full  four  inches  in 
diameter." 

The  opinion  drawn  from  these  facts  by  Dr.  Swinburne  was, 
that  the  woman  did  not  die  a  natural  death,  but  that  death 
was  induced  by  the  ingestion  of  poison ;  while,  from  the 
analogy  of  these  post-mortem  appearances  to  a  great  number 
of  animals  poisoned  by  aconite,  he  gave  the  opinion  that  this 
was  the  special  agent  employed. 

Portions  of  the  stomach  and  intestines  were  taken  to  Dr. 
James  H.  Salsbury  for  chemical  testing  and  analysis,  who, 
after  testing  for  all  the  other  poisons,  tested  for  aconitine, 
and  found  it. 

At  the  trial  Dr.  Swinburne  was  on  the  witness-stand  up- 
wards of  two  days,  and  Dr.  Salsburj'",  the  chemist,  a  day  and 
a  half,  subject  to  a  most  skilful  cross-examination;  for  on  the 
breaking-down  of  their  testimony  depended  the  life  of  the 
prisoner.  To  rebut  their  testimony,  and  destroy  the  theory 
they  set  forward,  that  the  woman  died  from  the  effect  of 
poison,  and  that  that  poison  was  aconite,  the  defence  intro- 
duced as  expert  witnesses.  Dr.  Barent  P.  Staats  of  Albany, 
who  had  practised  thirty -five  years ;  Dr.  Lawrence  Reid  of 
Philadelphia,  a  professional  chemist  of  thirty-five  years ;  and 
Dr.  Ebenezer  Emmons  of  Albany'-,  another  chemist.  It  was 
a  scientific  contest  between  the  old  practitioners  and  those 
of  the  new  school.  Dr.  Swinburne  being  only  thirty-three 
yeai's  of  age,  and  Dr.  Salsbury,  twenty-eight. 

The  counsel  for  the  prisoner,  in  his  argument,  attempted 


MEDICAL   .JlJIirSl'RUDKNCE.  180 

to  ridicule  llio  two  young  scientists,  terming  Swiiiljiirne  a 
young  Napoleon,  and  declaring  both  men  without  exi)erience, 
when  liis  witnesses  had  failed  to  overthrow  their  testimony. 

During  the  trial  the  most  intense  interest  was  taken  in  the 
case  by  the  public,  and  nu)re  particularly  by  the  medical  pro- 
fession, many  of  the  latter  being  in  attendance  in  court  during 
the  examination  of  tlie  experts  ;  none  of  the  resident  mem- 
bers of  the  profession  undertaking  to  place  their  views  on  the 
witness-stand  in  opposition  to  the  two  young  men,  except  Drs. 
Staats  and  Emmons,  although  a  number  of  them  had  posi- 
tively declared  that  it  was  impossible  to  discover  aconite,  and 
that  the  doctor  would  fail  to  maintain  his  theory ;  one  of 
these  doubting  Peters,  at  whose  feet  the  doctor  had  sat  to 
learn  in  his  earlier  j)rofessional  training,  asserting  that  the 
doctor  was  "going  to  make  a  fool  of  himself,  and  destroy  his 
prospects  for  the  future."  During  the  examination  of  Dr. 
Swinburne  and  his  associate,  they  gave  the  nature  and  results 
of  the  various  kinds  of  poisons,  and  that  of  aconite  in  partic- 
ular, as  experimented  with  by  them  on  cats  and  -dogs,  the 
symptoms  and  results  being  such  as  the  j^ost-mortem  revealed 
in  the  case  of  Mrs  Hendrickson.  It  was  the  most  difficult 
of  poisons  to  trace  its  piesence,  to  be  established  only  by  the 
marks  it  left  behind  and  by  taste.  While  Dr.  Swinburne 
held  that  the  cause  of  death  was  in  the  stomach.  Dr.  Staats 
held  that  the  post-mortem  indicated  a  disease  of  the  brain 
rather  than  of  the  stomach  ;  Dr.  Emmons  held  that  he  expe- 
rimented wdth  aconite,  and  found  it  acted,  not  as  an  astrin- 
gent, but  rather  created  a  swelling  ;  w^hile  Dr.  Reid,  w^ho  had, 
as  a  professor  of  chemistry,  declared  the  entire  deductions  of 
the  two  doctors  for  the  prosecution  erroneous,  was  compelled, 
under  the  cross-examination,  to  admit  he  had  read  no  works 
on  aconite,  that  he  had  never  seen  a  case  of  poisoning  from  it, 
had  never  made  experiments  with  it,  and  knew  of  no  chemical 
test  that%vould  detect  this  vegetable  poison. 

The  moral  evidence  was  all  circumstantial,  the  scientific 
being  positive  ;  and  on  these  the  jury,  after  twentA'-four  hours' 
deliberation,  returned  a  verdict  of  guilty.  Judge  Marvin,  in 
pronouncing  sentence,  said,  — 


190  A   TYPICAL   AMERICAN. 

"  You  employed,  for  the  purpose  of  accomplishing  the  deed, 
a  deadly  poison,  —  an  active  vegetable  poison,  peculiar  in  its 
character,  and  difficult  of  detection;  and  I  greatly  fear  that 
he  who  communicated  to  you  the  knowledge  of  poisoning  by- 
aconite,  communicated  to  you  also  the  difficulty  of  its  detec- 
tion. Relying  upon  this  information,  and  confident  that  the 
instrument  of  your  crime  would  be  forever  hidden  from  hu- 
man eye,  j^ou  committed  the  fearful  deed.  Empirics  and 
quacks,  though  they  may  learn  enough  to  do  mischief,  and 
even  acquire  the  requisite  knowledge  to  use  as  a  medicine  a 
deadly  poison  without  always  producing  fatal  results,  often 
fail  in  acquiring  the  knowledge  which  enables  men  to  avoid 
evil,  and  to  know  the  force  and  power  of  the  material  which 
they  use. 

"  I  refer  thus  prominently  to  the  opinion  that  there  are  poi- 
sons which  cannot  be  detected,  because  I  desire  to  impress, 
not  only  upon  you,  but  upon  all,  the  fact  that  as  science  ad- 
vances—  as  it  unfolds  to  the  student  the  great  storehouse  of 
knowledge,  and  lets  man  penetrate  into  the  very  aroana  of 
nature  —  that  as  it  advances,  step  by  step,  it  enables  its  vota- 
ries to  detect  the  most  subtle  poisons,  and  to  trace  the  very 
footsteps  of  crime.  Chemists  are  enabled  now,  through  the 
wonderful  developments  of  science  —  and  science  detects 
your  crime  —  to  detect  almost  all  poisons,  whether  vegetable 
or  metallic  ;  to  trace  out  cases  of  poisoning,  no  matter  what 
may  be  the  character  of  the  poison  administered,  with  almost 
unerring  certainty.  And  it  is  as  dangerous  to  attempt  mur- 
der with  the  most  subtle  vegetable  poison,  and  as  certain  to 
be  detected,  as  if  the  murder  were  committed  with  the  dirk 
or  the  stiletto.  Your  case  may  have  its  moral  effect  upon  the 
community  in  this  view  of  it.  The  community  should  under- 
stand that  the  crime  of  murder  cannot  be  committed  in  this 
day  of  light,  in  any  manner  or  by  any  means,  without  leav- 
ing the  evidence  of  guilt ;  and  this  evidence  always  points 
out  unerringly  the  guilty  individual." 

Every  effort  known  to  the  law  was  resorted  to  in  this  case 
to  have  the  verdict  set  aside,  but  failed,  both  in  the  Supreme 
Court  and  Court  of  Appeals.  These  attempts  failing,  an 
effort  was  made  for  executive  interposition,  not,  as  District- 
Attorney  Colvin  said  in  a  review  of  some  of  the  medical 
witnesses,  to  save  poor  Hendrickson,  but  to  save  themselves. 
To  their  aid  they  brought  Professor  Alonzo  Clark  of  New 
York,  who  thought  Dr.  Swinburne  abused  the  confidence  with 


MVAiKlAlj   .KIFIISPKUDENCE.  101 

which  courts  oH  justice  so  often  coii4)liincnt  men  of  science, 
because,  without  having,'  CoiiimI  the  aconite  in  the  blood, 
stoniacli,  and  tissu(!S,  he  yet  ventuntd  to  expn-ss  the  opinion 
that  it  had  been  present,  —  wliich  Dr.  Chuk  would  not  have 
done  until  after  it  had  been  found,  alLhoiij^di  th(;  nnirks  were 
unmistakable  that  it  had  been  there,  —  but  admitted  that  if 
the  presence  of  aconite  in  the  blood,  stomach,  and  tissues  were 
conceded,  the  post-mortem  appearances  would  sustain  such  admis- 
sion,—  in  other  words,  that  the  post-mortem  appearances  were 
just  such  as  aconite  would  produce,  —  and  then  said  Mrs.  Hen- 
drickson's  death  was  probably  caused  by  urea,  a  disease  gen- 
erally conceded  of  long  standing,  preceded  by  stupor,  and 
terminating  in  death  after  daj^s  of  sickness.  Several  other 
"  would-be  "  authorities  were  invoked,  among  them  Drs.  C.  T. 
Jackson  and  A.  A.  Hayes,  assayists  to  the  State  of  Massa- 
chusetts, who  condemned  in  toto  the  scientific  processes  re- 
sorted to  by  the  witnesses  for  the  prosecution. 

T.  G.  Geoghegan,  M.D.,  professor  of  forensic  medicine. 
Royal  College  of  Surgeons,  Ireland,  wrote  of  this  case,  — 

"  Having  with  much  care  considered  the  medical  facts  in 
their  relative  bearings,  I  have  to  state  that  they  appear  to  me 
to  establish  clearly  that  the  death  of  Mrs.  Hendrickson  was 
the  result  of  the  ingestion  of  poison,  while  they  afford  the 
strongest  presumption  that  the  special  substance  employed 
was  aconite. 

"  The  absence  of  any  sign  of  disease,  or  cause  of  obstructed 
venous  circulation  in  the  adjacent  organs,  the  empty  state  of 
the  stomach,  and  the  early  performance  of  the  autopsy,  suf- 
ficiently attest  that  the  appearances  in  the  alimentary  canal 
were  not  of  a  pseudo-morbid  or  cadaveric  character. 

"  The  foregoing  considerations,  in  my  judgment,  clearly 
establish  that  3Irs.  Hendrickson  s  death  u'as  the  residt  of  the 
i)igestion  of  a  narcotic,  acrid  poison. 

"As  respects  the  special  substance  employed,  the  analysis 
(when  collated  with  the  maximum  duration  of  deceased's 
illness)  shows  that  it  was  not  of  a  mineral  kind.  Animal 
poison  is  obviously  out  of  the  question. 

"•It  therefore  but  remains  to  consider  what  vegetable  mat- 
ters are  capable  of  causing  death  in  four  hours  ;  of  leaving 
behind,  in  the  stomach  and  small  intestines,  marked  signs  of 
mucous  irritation  ;  of  producing,  when  applied  to  the  tongue, 


192  A  TYPICAL  AMERICAN. 

an  acrid  taste,  followed,  after  a,n  interval  of  some  minutes,  by 
a  sensation  of  numbness,  and  when  administered,  even  under 
unfavorable  conditions,  to  a  cat,  giving  rise  to  choking  efforts 
to  swallow  and  vomit,  muscular  twitches,  prostration,  and 
well-marked  stupor.  I  know  of  none  but  aconite,  or  its  active 
principle,  aconitine. 

"The  mode  in  which  the  case  was  investigated  by  the 
medical  and  legal  authorities  reflects  much  credit  on  both." 

The  trial  of  this  cause  was  most  ably  conducted  for  the 
prisoner  by  Henry  G.  Wheaton  and  William  J.  Hadley ; 
the  effort  of  Mr.  Wheaton  being  conceded  a  herculean 
intellectual  and  legal  defence  for  his  client,  and  'it  almost 
completely  prostrated  the  able  jurist.  As  he  did  but  little 
professional  work  after  this  trial,  it  was  considered  that  the 
effort  then  made  was  too  great  a  physical  strain,  and  more 
than  natuie  could  endure. 

When  an  application  was  made  to  Gov.  Seymour  for  a  stay 
of  the  execution  of  the  sentence  of  death,  that  official,  always 
desirous  of  according  justice  to  all,  and  exercising  mercy 
where  it  was  deemed  deserving,  asked  Dr.  Swinburne  to  write 
a  letter  in  favor  of  the  stay.  To  this  the  doctor  replied, 
"  However  much  I  sympathize  with  the  unfortunate  man  and 
his  relatives,  I  cannot  consistently  write  such  a  letter.  It 
would  be  construed  as  my  doubting  the  position  I  took  on  the 
trial,  which  I  do  not  for  a  moment.  You  are  governor  of  the 
State,  and  must  exercise  your  own  judgment  in  the  matter. 
My  testimony  is  before  you  and  the  world  for  criticism,  and 
you  must  act  without  any  influence  from  me."  An  incident 
which  occurred  in  the  executive  chamber  that  evening  con- 
vinced the  governor  of  the  prisoner's  guilt,  and  caused  him  to 
refuse  the  application. 

Years  after  this  trial.  Judge  Marvin  said,  "  At  one  time  I 
had  doubts  of  the  matter;  but  these  were  all  dispelled  at  the 
trial,  and  by  subsequent  events,  and  I  was  satisfied  before  the 
close  that  the  charge  was  true  and  the  prisoner  guilty."  The 
charge  of  the  judge  was  an  able  and  impartial  one,  in  which 
every  opportunity  to  throw  a  doubt  in  favor  of  the  prisoner 
was  availed.     It  was  forcibly  impressed  on  the  jury  that  the 


MEDEOAL  JURISPRUDENCE.  103 

prisoner  was  not  to  be  lield  rcsponsihlo  because  the  expert 
witnesses  for  the  defence  failed  to  assign  a  cause  for  death, 
and  that  the  prisoner  was  not  called  upon  to  account  for  the 
death. 

The  termination  of  this  suit  resulted  in  elevating  the  two 
young  men  to  a  very  high  position  as  medical  scientists,  and 
provoking  natural  professional  jealousy. 

In  1850,  Dr.  Swinburne,  as  an  expert,  made  an  announce- 
ment for  which  there  was  no  precedent,  and  was  met  by  one 
of  the  leading  members  of  the  profession  in  Albany  with  the 
exclamation,  "  Now  we  have  you  !  "  This  case  was  reported 
in  the  "  Medical  and  Surgical  Reporter  "  in  1859.  On  the 
26th  of  March  of  that  year  an  attempt  at  abortion  was  made 
by  a  Mrs.  Marston  on  a  young  woman  at  the  house  No.  40 
Franklin  Street,  Albany,  resulting  in  the  death  of  the  patient. 
On  the  following  day  Dr.  Swinburne,  in  the  presence  of  two 
physicians  and  two  of  his  students,  held  a  post-mortem  exam- 
ination of  the  body  fourteen  hours  after  death.  He  found  the 
external  of  the  body  natural  but  very  pallid.  On  cutting 
through  the  integuments  into  the  cellular  tissues,  air  was  ob- 
served to  issue  from  the  divided  veins  in  the  form  of  a  frothy 
fluid.  On  exposing  the  heart,  its  right  cavities  were  found  to 
be  greatly  distended  with  a  spumous  mixture  of  blood  and 
air,  and  slight  compression  of  the  heart  was  seen  to  force  out 
bubbles  of  air  from  the  divided  intercostal  veins.  A  thorough 
examination  showed  that  the  jugulars,  and  the  veins  emptying 
into  them,  even  to  the  small  vessels  of  the  brain,  were  all  dis- 
tended with  air.  On  examining  the  membranes  and  their 
contents,  the  internal  surface  of  the  womb  exhibited  slight 
softening  of  the  tissues,  several  abrasions  (evidently  not  nat- 
ural), a  perforation  communicating  directl}"  with  the  uterine 
sinuses  about  two  inches  from  the  cervix  and  in  the  right  latero- 
posterior  region :  this  opening  communicated  directly  with  the 
veins  of  the  broad  ligament,  and  thus  with  the  ascending  cava. 
The  OS  and  cervix  were  open  to  the  extent  of  two  lines,  and 
filled  with  bloody  mucus.  The  post-mortem  appearances,  and 
the  description  of  the  young  woman's  death,  the  doctor  decided 
could  not  be  accounted  for  on  any  other  hypothesis  than  that 


194  A   TYPICAL   AMERICAN. 

of  air  in  the  veins.  Death  occurred  while  the  instrument  was 
in  the  uterus,  and  was  immediate,  for  the  woman  mistook 
death  for  sy)icope. 

The  point  of  interest  in  the  case  was  the  manner  in  which 
the  air  was  introduced.  Several  deaths  had  been  reported 
from  ingress  of  air  into  the  large  veins  of  the  neck ;  and  he 
held  that  even  the  subclavian  was  liable  to  the  same  thing 
under  favoring  circumstances,  such  as  tension  upon  the  vein 
from  the  subject's  position  during  surgical  operations,  or  by 
traction  upon  a  tumor  during  excision,  the  vein  being  tempo- 
rarily canalized,  or  prevented  from  collaj^sing.  Under  all  the 
circumstances,  he  maintained,  this  canalization  of  a  vein,  or 
its  conversion  into  a  rigid  tube,  is  the  indispensable  condition 
requisite  for  the  intrusion  of  air.  But  this  condition,  he  held, 
was  inadmissible  in  the  case  of  the  uterine  veins  and  ascend- 
ing cava,  from  the  nature  of  physical  laws  which  govern  the 
movements  of  the  fluids  in  the  body  no  less  than  in  organic 
matter.  Under  all  the  circumstances,  he  was  compelled  to 
accept  the  presumption  that  the  abortionist  forcibly  inflated 
the  entire  venous  system  by  means  of  the  catheter  introduced 
into  the  uterus,  perforating  its  parietes,  and  in  contact  with 
the  lacerated  vessels  of  that  organ.  The  fact  of  forcible  in- 
flation was  incapable  of  proof,  there  being  no  third  person 
present  at  the  time  of  death,  and  hence  no  witness.  Absolute 
certaint}''  was  only  to  be  arrived  at  upon  the  confession  of  the 
guilty  woman  herself. 

This  was  another  step  in  the  development  of  science  ;  and, 
as  its  precedent  was  not  in  the  books,  it  was  necessarily  con- 
sidered erroneous,  and  an  innovation  not  to  be  tolerated, 
coming  as  it  did  from  a  comparatively  young  phj-sician  ;  and, 
as  soon  as  one  opponent  raised  his  voice  in  opposition,  there 
were  a  large  number  of  others  to  follow  in  his  wake,  just  as  a 
drove  of  sheep  would  follow  a  leader  over  a  precipice  with- 
out stopping  to  look  where  they  were  going. 

But  again  the  young  doctor's  views  and  decisions  were 
proven  correct  by  the  confession  of  the  woman  herself.  She 
had  been  arrested,  tried,  convicted,  sentenced,  and  imprisoned 
in  less   than   four  weeks.      While  in   prison,  she   made   an 


MEDICAL  JURISPRUDENCE.  195 

application  for  pardon  to  (Jo v.  Morgan,  maintaining  inno- 
cence of  the  forcible  inflation.  On  her  application  being 
refused,  she  filially  confessed  to  the  governor's  secretary,  Lock- 
wood  L.  Doty,  that  she  was  guilty  ;  and  that  she  blew  the  air 
in,  hoping  to  get  it  between  the  membranes  and  the  uterus,  to 
the  end  that  it  might  effect  abortion  ;  and  that  Dr.  Swinburne 
was  correct.  Thus  another  scientific  victory  was  won  by 
him  in  the  interests  of  virtue  and  the  people.^ 

In  1862  he  was  again  employed  as  an  expert  in  the  cele- 
brated ti'ial  of  the  Rev.  Henry  Budge  for  the  murder  of  his 
wife,  and  again  demonstrated  that  the  hours  of  hardship 
endured  by  him  as  a  student,  and  his  close  applicatio'ii  to 
study  after  being  admitted  to  practice,  had  not  been  in  vain, 
but  developed  a  mind  well  stored  with  medical  and  anatomi- 
cal lore.  On  the  morning  of  Dec.  11,  1859,  Priscilla,  wife  of 
the  Rev.  Henry  Budge  of  Lyons  Falls,  Lewis  County,  was 
found  dead  in  her  bed,  with  her  throat  cut.  The  same  day 
a  coroner's  inquest  was  held,  and  a  verdict  of  "  death  by 
suicide  "  rendered.  Afterwards  whispers  of  domestic  differ- 
ences aroused  suspicion  that  foul  play  had  caused  the  death 
of  Mrs.  Budge,  and  four  months  subsequently  the  body  was 
exhumed  by  order  of  the  coroner ;  and,  at  his  solicitation, 
Dr.  Swinburne,  assisted  by  Dr.  Porter,  held  an  autopsy.  The 
decision  arrived  at  on  this  second  inquest,  from  what  was 
revealed  at  the  autopsy,  and  the  evidence  adduced  before  the 
coroner,  convinced  the  doctor  that  Mrs.  Budge  did  not  meet 
her  death  bj''  her  own  hands,  and  that  the  wound  in  her  throat 
was  inflicted  after  death,  or  when  nearly  dead;  and,  on  these 
developments  and  deductions,  Mr.  Budge  was  held  on  a 
charge  of  murder.  The  post-mortem  revealed  an  extensive  cut 
from  three  and  a  half  inches  below  the  lobe  of  the  left  ear  to 
three  and  a  quarter  inches  below  the  lobe  of  the  right  ear,  four 
and  a  half  inches  below  the  chin,  the  curved  length  of  the 
wound  being  five  and  one-half  inches.  The  depth  of  the  cut 
was  two  inches,  back  to  the  vertebrae,  cutting  through  the  peri- 
osteum and  into  the  osseous  matter  of  the  fifth  vertebra,  and 

1  Professor  Daltou  of  New  York  said  in  his  lectures  that  it  was  the  only  case 
of  this  nature  ou  record. 


y   •  A  TYPICAL   AMERICAN. 

also  shaving  off  a  lateral  portion  of  the  transverse  process  of 
this  vertebra.  There  was  distinct  ecchymosis  of  the  tongue  on 
either  side,  at  points  opposite  the  molar  teeth.  On  the  left  side 
this  covered  a  surface  of  one  inch  in  length,  and  half  an  inch  in 
a  lateral  direction.  On  the  right,  it  was  one  and  a  half  inches 
in  length  ;  on  the  upper  and  wider  part,  near  the  base,  seven- 
eighths  of  an  inch,  diminishing  towards  the  anterior  portion, 
where  it  was  one-half  an  inch,  and  extending  through  the 
mass  of  the  tongue,  and  visible  from  either  side,  as  was 
demonstrated  by  making  incisions  through  its  substance,  and 
subsequently  soaking  it  in  water.  The  tip  of  the  tongue  was 
somewhat  discolored,  but  not  ecchymosed.  The  oesophagus, 
for  the  space  of  about  two  inches  near  and  below  the  root  of 
the  tongue,  was  of  abnormally  red  or  maroon  color.  The  right 
lung  was  congested,  and  engorged  with  blood,  and  apoplectic  ; 
pleuratic  adhesion  slight;  otherwise  healthy.  Tlie  heart  was 
entirely  sound  in  every  particular,  while  in  the  chest  there 
was  bloody  serum  in  both  cavities,  —  on  the  left  side  five 
ounces,  and  on  the  right  eight  ounces.  The  heart  and  large 
vessels  were  empty,  while  the  capillaries  of  the  exti'emities  and 
dependent  portion  of  the  body  were  full  of  blood,  and  all  the 
muscles  retained  their  juicy  and  florid  appearance.  The  right 
lung  continued  to  discharge  blood}^  serum,  while  the  micro- 
scope distinctly  revealed  the  presence  of  diffused  and  circum- 
scribed apoplexy,  as  well  as  engorgement  of  the  tissues.  The 
left  lung,  when  placed  in  a  jar  of  fliuid,  presented  a  large 
amount  of  debris  of  broken-down  blood  in  the  dependent 
portion,  Avhile  the  fluid  was  very  much  discolored.  There  was 
no  appearance  of  disease  in  the  biuin  ;  and  all  the  other  organs 
were  found  healthy,  and  fiee  from  congestion. 

Taking  these  results  and  the  facts  as  elicited  at  the  first 
coroner's  inquest,  —  that  the  bedclothes  were  undisturbed 
and  carefully  tucked  in  at  the  foot,  and  she  with  her  eyes 
and  mouth  closed  as  if  asleep  ;  the  coverlids  carefully  turned 
down  on  the  left  side  to  about  the  breast,  while  on  the  right 
they  were  turned  down  about  twelve  inches  farther ;  that 
there  were  no  spurts  or  spatters  of  blood  on  the  anterior  part 
of  the  body,  nightdress,  or  clothing  below  the  cut,  nor  on  the 


MIODKJAL   .JUKISrUUDKNCE.  107 

face  and  neck  above  tlie  cut,  except  a  slight  stain  on  tlie 
under  side  of  tlie  chin,  as  if  some  bloody  thing  had  been 
wiped  against  it ;  no  blood-stains  on  the  head-board,  pillows, 
bedstead,  clothes,  walls,  or  otherwise,  except  about  a  quart- 
mug  full  in  the  feather-bed,  forming  a  mass  of  bloody  feathers, 
and  a  small  amount  on  the  pillow,  —  these  circumstances  were 
conclusive  proof  of  themselves  to  satisfy  the  doctor  that  the 
woman  had  been  murdered.  This  opinion  was  still  further 
confirmed  by  the  position  in  which  the  woman  lay,  —  on  her 
back,  head  resting  on  the  pillow  and  inclined  back,  with  only 
slight  blood-stains  on  the  right  cheek  and  chin,  as  though 
something  bloody  had  touched  them,  and  no  blood  on  the 
hands  except  on  the  fingers  of  the  right  hand,  while  there 
was  none  between  the  fingers. 

The  pregnant  facts  that  the  wound  on  the  neck  leaked  from 
three  to  six  ounces  of  fluid  blood  during  its  cleansing,  so  that 
it  had  to  be  stuffed  with  cotton  batting,  sewed  up,  compressed, 
and  bandaged,  to  keep  it  from  bleeding ;  and  that  it  still  con- 
tinued to  ooze  blood  through  the  side  of  the  compress;  and 
that  four  months  afterwards,  when  the  dissection  was  made, 
the  cotton  batting,  when  removed,  was  saturated  with  blood, 
and  the  parts  under  the  neck  also  wet  with  blood,  —  were  held 
by  the  doctor  to  be  significant.  The  position  of  the  body  ;  the 
character  of  the  cut;  the  almost  bloodless  condition  of  the 
surroundings ;  the  entire  absence  of  spurts  and  spatters  of 
blood  ;  the  stains  of  blood  from  a  bloody  hand  on  the  pillow 
and  face,  when  her  hands  were  not  bloody,  and  a  spot  of 
blood  ten  or  twelve  inches  in  size  on  the  sheet,  and  tucked 
under;  the  entire  absence  of  a  condition  in  the  bed  indica- 
tive of  convulsions  (a  condition  which  always  accompanies 
death  by  hemorrhage)  ;  the  small  amount  of  blood  lost  (not 
exceeding  a  quart)  ;  the  condition  of  the  lungs  at  the  time 
of  death;  and  other  facts,  as  presented,  —  convinced  the 
doctor  that  Mrs.  Budge  was  dead,  or  nearly  so,  when  her 
throat  was  cut,  and  that  after  death  the  cutting  was  done 
to  cover  up  the  crime  of  murder.  The  commencement  of 
this  cut,  he  held,  was  quite  too  abrupt  for  a  wound  made 
with  the  blunt  point  of  a  razor;  that  the  extent  and  char- 


198  .  A  TYPICAL  AMERICAN. 

acter  of  the  tissue  cut  were  quite  too  great  for  a  delicate 
woman  with  one  stroke  of  a  razor  to  complete,  and  that,  too, 
in  a  position  where  the  muscular  power  is  so  materiall}''  im- 
peded. He  also  held  that  the  position  of  the  blood-stains, 
and  the  direction  taken  by  the  blood,  where  it  could  flow 
only  by  gravity  when  leaving  the  bod}',  taking  into  consider- 
ation the  position  of  the  head  (particularly  that  of  a  female), 
rendered  the  idea  of  suicide  to  him  quite  preposterous,  not 
to  say  ridiculous. 

At  the  time  of  her  death,  as  testified  by  witnesses,  a  razor 
was  found  lying  under  the  arm,  nearer  the  wrist  than  the 
elbow,  two-thirds  open ;  the  blade  uncovered,  edge  lying  to- 
wards her.  Two-thirds  of  the  edge  in  length,  and  one-third 
in  depth,  or  two-ninths  of  the  razor-blade,  was  bloody.  From 
the  position  in  which  the  razor  was  found,  and  its  neai-ly 
bloodless  condition.  Dr.  Swinburne  held  that  this  was  not 
the  instrument  with  which  the  cutting  was  done.  If  it  were, 
the  cut  being  very  extensive  and  involving  the  bone,  the 
instrument  would  have  been  covered  with  blood,  and  its  edge 
probably  nicked. 

At  the  second  inquest  Dr.  Swinburne  was  on  the  witness- 
stand  twenty-two  consecutive  hours;  and  at  the  conclusion 
of  his  testimony  the  verdict  of  the  first  inquest  of  "  death 
by  suicide"  was  reversed,  and  Budge  committed  on  a  charge 
of  murder. 

There  were  but  three  cases  known  to  the  profession,  or  re- 
corded in  the  books,  prior  to  this  one,  in  English  or  American 
works,  which  had  any  beaiing  on  this  case  ;  and  in  these  three 
cases  the  evidence  was  suppressed  for  political  and  social  coi]- 
siderations,  all  the  parties  being  titled  dignitaries  in  Great 
Britain.  But,  notwithstanding  this  absence  of  precedents, 
the  repeated  threats  and  intimidation  made  toward  all  par- 
ties who  would  dare  to  take  part  in  the  prosecution,  and  of 
the  press  if  they  published  the  proceedings,  and  the  almost 
unanimous  opposition  of  the  profession,  the  doctor,  still  a 
comparatively  young  practitioner,  held  to  his  theory  "  that 
Mrs.  Budge  was  murdered  ;  "  and  the  abuse  heaped  upon  him 
was  as  powerless  to  deter  him  from  the  discharge  of  what  he 


MEDKJAIi   .HJItlSPKUDENCE.  100 

conceived  to  bo  liis  duty  as  would  be  an  attempt  to  blow 
down  the  fortress  of  Gibraltar  with  a  pr)p^un. 

After  Budi^e's  first  commitment,  he  was  taken  before  Judge 
Bacon  at  Utica  on  a  writ  of  habeas  corpun,  and  released  on 
the  ground  that  the  second  inquest  was  illegal.  A  month 
subsequent  to  this,  his  case  was  presented  to  the  grand  jury 
of  Lewis  County,  eleven  of  whom  were  in  favor  of  indicting. 
In  September,  1860,  his  case  was  again  presented  to  the  grand 
jury  of  Lewis  County,  and  an  indictment  of  murder  found 
against  Budge.  Li  1861  he  was  tried  before  Judge  Allen  at 
Rome,  Oneida  County,  when  Dr.  Swinburne  was  on  the  stand 
for  several  hours  as  the  most  prominent  witness  for  the 
people,  and  was  sustained  by  such  eminent  pathologists  and 
scientists  as  Professors  Valentine  Mott  of  New  York,  and  J. 
McNaughton  of  Albany,  and  others.  During  the  examina- 
tion, one  of  the  witnesses  (Professor  Mott),  who,  in  answer  to 
a  question  b}""  one  of  the  counsel,  said  he  was  the  only  living 
student  of  Sir  Astley  Cooper,  was  interrupted  by  the  judge 
while  explaining  in  detail  the  action  of  the  heart  and  lungs 
after  the  cutting  of  the  pneumogastric  nerves.  Professor 
Mott  testified  that  the  only  work  he  had  ever  read  on  the 
subject  was  Beck's,  and  that  in  that  work  it  was  laid  down  that 
instant  death  followed  the  cutting  of  the  gastric  nerve;  and 
on  this  authority  death  was  immediate,  with  perhaps  one  long 
respiration.  On  the  professor  making  this  statement,  Mr. 
Conkling  moved  for  the  discharge  of  the  prisoner;  the  judge 
holding  that  all  the  circumstances  made  out  a  strong  case  for 
judicial  investigation,  but  that  from  time  to  time  in  the  trial, 
qualifying  circumstances  had  been  proved,  tending  to  show 
how  the  blood  might  have  appeared  as  it  did,  how  it  might 
have  got  into  the  lungs  without  asphyxia.  "  It  is  not  for  me 
to  say,"  he  added,  ''  that  the  case  shall  close  :  there  are  cir- 
cumstances that  might  be  forcibly  urged  to  the  jury ;  but  it 
strikes  me,  that,  as  the  case  stands,  it  is  only  a  balance  of 
probabilities,  in  which  it  would  be  unsafe  to  convict;  and,  in 
view  of  the  fact  that  these  doubts  have  arisen,  the  prisoner 
is  entitled  to  the  benefit  of  them,  and  should  be  released." 
The  case  was  then  sent  to  the  jury  pro  forma,  and  by 
direction  of  the  judge  the  prisoner  was  acquitted. 


200  A  TYPICAL   AMERICAN. 

The  trial,  as  far  as  it  proceeded,  was  a  bitterly  contested 
one,  and  made  almost  as  prominent  because  of  the  array  of 
counsel  engaged  as  by  the  nature  of  the  case.  Among  the 
most  prominent  of  the  scientific  men  to  oppose  the  position 
of  Dr.  Swinburne  was  Professor  Alonzo  Clark,  professor  of 
pathology  and  practice  of  medicine  in  a  prominent  New- York 
college,  and  who  boasted  of  three  years'  standing  in  Europe 
as  a  professor.  This  eminent  gentleman  subsequently  pre- 
sented a  paper  before  the  New- York  Academy  of  Medicine 
on  this  case.  Dr.  Swinburne  was  present,  by  invitation  of 
the  members,  to  discuss  the  matter ;  but  when  his  name  was 
mentioned  by  Dr.  Griscom,  with  the  request  that  he  be  invited 
to  participate  in  the  discussion,  objection  was  raised  by  Dr. 
Detmold,  and  discussion  suppressed,  a  law  of  the  academy 
requiring  unanimous  consent  for  a  non-member  to  take  part 
in  debate.  I'ears  afterwards.  Dr.  Detmold,  in  explaining  to 
Dr.  Swinburne  this  act  of  professional  discourtesy,  said  he  did 
it  at  the  instance  of  Professor  Clark,  and  because  he  promised 
to  do  so. 

When  the  case  was  so  abruptly  brought  to  a  close,  Dr. 
Mott,  who  had  been  interrupted,  it  was  said,  turning  to 
Judge  Allen,  remarked  sotto  voce,  "I  would  like  to  explain." 
—  "It  is  too  late  now,"  said  the  judge.  —  "  But  I  do  not  be- 
lieve that  poor  woman  ever  killed  herself,"  said  the  doctor.  — 
"Neither  do  I,"  replied  his  honor. 

The  Rome  "Sentinel,"  in  commenting  on  the  trial,  said, — 

"Those  who  heard  the  evidence  in  the  Budge  trial  through- 
out, can  easily  see  that  the  weak  points  of  that  case  lay  at  the 
same  spot.  The  village  doctor,  who  was  first  called  in  to 
see  the  dead  body  of  Mrs.  Budge,  did  not  seem  to  dream 
that  a  woman's  head  could  be  half  cut  oft"  by  anybody  but 
herself.  He  actually  did  not  suppose  that  the  coroner  would 
need  him  as  a  witness,  much  less  that  a  judicial  investigation 
might  subsequently  need  his  evidence.  Instead  of  taking 
out  his  note-book,  and  carefully  noting  on  the  spot  every 
atom  of  fact  in  regard  to  the  spots  of  blood,  the  quantity,  the 
position  of  the  body,  of  the  marks  of  blood,  and  every  thing- 
else  which  could  throw  a  light  upon  the  circumstance  of  the 
cutting,  this  doctor  seems  to  have  contented  himself  with 
poking  cotton  batting  into  the  wound,  and  sewing  it  up." 


MEDICAL   .JUKLSI'RIIDKNCK.  201 

As  a  Koquel  to  tliis  (rial,  tlin  Rev.  Hoiiry  liiulge  instituted 
an  action  lor  lil)(;l  against  tlu;  Hon,  Caleb  I>yoii  for  .sla/i- 
clcr,  placJiig  his  daiiiaj^es  at  twenty  thousand  dollars.  'I'he 
coni])]aint  alk'fi^cd  the  printing;  and  cireulating  of  the  libel 
in  which  Lyon  (diarged  IJudj^e  in  verse  with  the  murder  of 
his  wife,  eiiniinal  intercourse  with  other  women,  and  other 
charges,  which,  the  plaintiff  alleged,  held  him  up  to  ridicule, 
and  injured  his  good  name  and  character.  In  the  trial  of  this 
case,  the  array  of  counsel  was  formidable,  and  consisted 
of  the  Hons.  Messrs.  Conkling,  Kearnen,  Doolittle,  and 
Earle  for  the  defendant,  and  the  Hon.  Judge  Lyman  Tre- 
maine  for  the  plaintiff.  The  only  expert  for  the  defend- 
ant was  Dr.  John  Swinburne.  Li  this  case  all  the  evidence 
in  the  murder  trial  was  introduced,  the  only  defence  made 
by  Lyon  being  justification  as  to  the  charge  ot  murder,  and 
nothing  as  to  the  other  criminal  charges.  The  trial  occupied 
three  weeks.  Judge  Mullen,  in  summoning  up  the  case, 
charged  the  jury,  among  other  things,  that  "  the  fact  that 
if  the  defendant,  at  the  time  of  publication,  had  reason,  from 
the  facts  and  circumstances  existing  at  or  before  the  publi- 
cation, to  believe  the  plaintiff  was  guilty  of  the  acts  charged, 
he  would  not  be  thereby  relieved  from  liability  for  the  damages 
which  legitimately  and  naturally  resulted  from  the  publica- 
tion, but  it  would  relieve  him  from  any  liability  which  the 
existence  of  actual  malice  would  justify,  and  require  the  jury 
to  give.  If  the  justification  is  proved,  then  the  plaintiff  is 
entitled  to  like  damages  for  the  injury  sustained  by  reason 
of  the  other  charges  against  him  in  the  libel." 

Notwithstanding  this  charge,  and  the  legal  acumen  en- 
gaged in  the  prosecution  of  this  libel  suit,  the  jury  gave  the 
plaintiff  a  verdict  of  one  hundred  dollars,  instead  of  twenty 
thousand  dollars,  as  asked,  —  virtuallv,  it  seems,  a  verdict 
declaring  him  guiltv  of  the  charge,  where  iustification  was 
pleaded,  and  a  sufficient  sum  to  repair  the  damage  to  his 
character  by  the  other  charges,  in  which  no  defence  was 
made.  Among  the  expert  witnesses  for  the  Rev.  Mr.  Budge 
were  Drs.  Coventry,  Hogeboom,  and  Thomas. 

A  significant  incident  in  connection  with  these  trials  was 


202  A    TYPICAL   AMERICAN. 

stated  b}'  a  United-States  senator,  who  said,  "When  the  ques- 
tion of  confirming  Hon.  Caleb  Lyon  to  a  territorial  governor- 
ship was  being  considered,  liis  confirmation  was  attempted  to 
be  defeated  because  of  his  connection  with  these  trials  as 
proving  him  unworthy  the  trust.  The  late  Charles  Sumner, 
a  profound  jurist  and  deep  thinker,  was  in  possession  of  a 
review  of  the  case  published  by  Dr.  Swinburne,  and  from 
this  review  demonstrated  the  grounds  taken  by  Mr.  Lyon  as 
honorable  in  every  particular;  and  on  his  construction  of  the 
facts  the  appointment  was  confirmed." 

Li  the  "Proceedings  of  the  Medical  Societ}'-  of  the  State  of 
New-York,  1862,"  is  a  review  of  this  interesting  case,  cover- 
ing a  hundred  pages.  In  this  review  is  given  a  synopsis  of 
the  evidence,  both  sciencific  and  moral ;  the  tiieory  and  argu- 
ments of  Professor  Clark  and  Dr.  Swinburne,  with  a  full 
account  of  the  latter's  views,  and  the  grounds  on  which  his 
deductions  were  made,  and  a  reply  to  the  theories  of  Professor 
Clark,!  '^vith  a  number  of  cuts  showing  how  the  cutting 
could  be  done  by  another  than  the  unfortunate  woman  ;  as 
well  as  a  report  of  fifteen  cases  of  suicidal  deaths  by  cutting 
carotid  arteries,  the  opinions  of  leading  scientists,  and  other 
interesting  scientific  matter. 

Among  the  eminent  men  whose  attention  was  drawn  to 
this  case,  and  who  coincided  with  the  views  of  Dr.  Swin- 
burne, were  Alfred  S.  Taylor,  M.D.,  professor  of  medical  juris- 
prudence, Guy's  Hospital,  London,  and  author  of  "  Taylor 
on  Poisons"  and  "Taylor's  Medical  Jurisprudence  ;"  T.  G. 
Geoghegan,  M.D.,  professor  of  medical  jurisprudence.  Royal 
College  of  Surgeons,  Dublin,  Ireland;  Charles  A.  Lee,  M.D., 
professor  of  medical  jurisprudence,  editor  of  Guy's  "Fo- 
rensic Medicine,"  etc. ;  S.  D.  Gross,  M.D.,  professor  of  sur- 
gery, Jefferson  Medical  College,  Philadelphia,  and  author  of 
"  Gross  on  Surgery  ;  "  S.  Weir  Mitchell,  M.D.,  the  celebrated 
scientist  of  Philadelphia;   Alfred  Stille,  M.D.,  Philadelphia, 

1  In  the  review  of  this  case  Dr.  Swinburne  gives  in  full  the  paper  read  by- 
Professor  Clark  before  the  Academy  of  Medicine,  dividing  it  into  sections,  and 
answering  the  arguments  as  they  are  i^reseuted.  He  also  gives  in  full  the  cases 
cited  by  Professor  Clark. 


MEDICAL   .lURISPRUDENCK.  203 

author  of  Wharton  and  Stillo'H  work  on  medical  jurispru- 
dence ;  J.  G.  Wurmloy,  Columbus,  O.,  professor  of  microscopic 
poisons.  licciuise  of  LIk;  ini|)or(iui(;c  of  tliis  case,  and  the 
prominent  positions  held  hy  tiu;  writci's,  at  the  head  of  their 
profession,  tjjeir  letters  arc  given  in  full :  — 

ClIKMICAL  LabOKATOUY,   Guv'S   HOSPITAL, 

June  30,  1860. 

Dear  Sir,  —  I  have  great  pleasure  in  sending  you  my 
opinion  of  the  case  of  Mrs.  B.  of  G.  Dr.  Uendee  left  the 
manuscripts  and  drawing  at  my  house  during  my  absence  ; 
so  that  I  had  an  opportunity  of  reading  it,  and  writing  out 
my  views,  without  having  any  communication  with  him.  I 
can  perceive  that  it  is  a  case  of  great  importance.  It  some- 
what resembles  that  of  Lord  William  Hussell,  murdered  by 
Courvoisier  in  London,  in  1840,  and  the  case  which  I  have 
reported  under  the  name  of  ILarrington,  in  my  ''  Medical 
Jurisprudence,"  6th  ed.  (English),  p.  281. 

I  am,  dear  sir,  yours  faithfully, 

ALFRED  S.  TAYLOR. 
Dr.  Swinburne. 

[Report  of  the  Case  of  Mrs.  B    of  G.] 

I  have  read  a  report  of  the  case  of  Mrs.  B.  of  G.,  who 
died  Dec.  10,  1859.  This  report,  with  a  drawing  of  position 
of  deceased  in  bed,  has  been  furnished  to  me  by  Dr.  J. 
Swinburne  of  Albany. 

From  these  documents  it  appears  to  me,  — 

1st,  That  the  wound  in  the  throat  must  have  been  inflicted 
while  the  deceased  was  lying  on  her  back;  i.e.,  in  the  recum- 
bent posture.  There  was  no  blood  on  the  anterior  part  of 
the  neck  below  the  cut,  and  there  was  no  blood  on  the  an- 
terior part  of  the  body  or  nightdress.  Consideriug  the  blood- 
vessels divided  by  the  wound  in  the  neck,  the  fore  part  of 
the  person  and  dress,  if  deceased  were  sitting  up  at  the  time 
of  its  infliction,  could  not  have  escaped  receiving  a  consider- 
able amount  of  blood. 

The  description  of  the  flow  of  blood  being  chiefly  on  each 
side  of  the  neck  is  in  accordance  with  the  view  that  the, 
wound  was  inflicted  while  deceased  Avas  on  her  back. 

The  head  being  deeply  embedded  in  the  pillow  is  also  in 
favor  of  this  view,  since,  had  deceased  sat  up  at  the  time  of 
infliction,  I  do  not  believe  that  by  any  accidental  fall  such 


204  A   TYPICAL    AMERICAN. 

an  embedding  of  the  head  in  the  pillow  could  have  taken 
place  ;  and,  further,  it  is  not  conceivable  that  tlie  head  should 
have  been  thrown  back  as  the  result  of  an  accidental  fall. 

2d,  Taking  the  depth,  extent,  and  direction  of  this  wound 
in  the  neck,  it  is  not  such  a  wound  as  a  person  could  inflict 
on  himself  or  herself  ivJiile  lying  on  the  hack  in  a  recumbent 
posture. 

TJie  large  blood-vessels  on  the  back  side  of  the  neck  were 
divided,  assuming  that  a  suicide  might  have  power,  after  di- 
viding the  carotids  and  jugulars  on  oue  side,  to  carry  a  razor 
through  the  trachea  and  oesophagus,  as  well  as  through  the 
blood-vessels,  on  the  other  side. 

I  am  decidedly  of  the  opiuion  that  there  would  not  have 
been  the  power  to  shave  off  the  left  trausverse  process  of 
the  fifth  cervical  vertebra,  or  penetrate  the  osseous  structure. 
In  the  recumbent  posture,  such  an  act  would  require  the 
exercise  of  a  great  muscular  force  at  a  very  great  disadvan- 
tage in  the  position  of  the  right  arm  for  using  the  required 
force. 

Assuming  that  the  incision  was  made  from  left  to  right,  the 
fifth  vertebra  must  have  been  implicated  in  the  incision  before 
the  weapon  was  carried  to  the  right  side  at  all ;  and  yet  it  is 
stated  tliat  on  the  right  side  of  the  neck  there  was  a  cut  in  the 
skin  one-quarter  of  an  inch  farther  than  the  tissues  wounded. 

This  fact  proves  to  my  mind  a  deliberate  withdrawal  of  the 
weapon,  quite  inconsistent  with  the  fact  that  the  blood-vessels 
on  both  sides  of  the  neck  had  been  divided,  and  the  periosteum 
and  osseous  structure  of  the  fifth  cervical  vertebra  had  been 
cut  or  penetrated. 

8d,  On  the  hypothesis  of  suicide,  a  wound  of  this  extent 
and  depth  must  have  been  inflicted  with  tremendous  force  and 
with  great  rapidity.  There  must  have  been  a  sudden  and 
copious  loss  of  blood  from  the  divided  blood-vessels  of  the 
two  sides  of  the  neck. 

How  came  the  right  hand,  only  slightly  bent,  to  be  in  a 
position  by  the  side  of  the  body,  the  weapon  not  grasped  within 
it,  but  lying  on  the  bed  six  or  eight  inches  from  the  wrist? 
No  muscular  power  would,  in  my  judgment,  have  remained 
to  enable  the  deceased  to  have  placed  her  arm  in  this  position 
after  the  infliction  of  such  a  wound  in  the  recumbent  pos- 
ture ;  and  there  is  no  conceivable  accident  l)v  which  it  could 
Rave  assumed  this  posture,  unless  the  body  had  been  inter- 
fered with  before  it  was  seen  by  the  medical  attendant.  The 
weapon,  on  the  view  of  suicide,  should  have  been  in  the  grasp 
of    tlie    hand,    considering   the   enormous    muscular    power 


MEDICAI.   .IIJKISPRUDENCE.  205 

which  iiiiist  have,  h(;eii  used  in  an  act  of  cutting  whicli  in- 
volved tho  body  of  one  of  tlio  vert(d)r;c  :  if  not  in  the  grasp, 
the  part  by  which  tlie  weapon  was  lield  .should  have  been 
elose  to  the  palm. 

The  rigjit  hand  presented  only  on  the  palmar  surface  alight 
streak  of  blood  :  the  left  hand  is  not  (lescril)ed  as  having 
any  blood  upon  it.  Mad  the  right  hand  of  deceased  inflict(;d 
such  a  wound  as  is  described,  the  back  of  the  hand,  as  well 
as  probably  a  part  of  the  palmar  surface,  would  have  been 
covered  with  blood.  I'he  presence  of  a  light  streak  oidy  on 
the  second  row  of  the  phalanges  of  the  palm  is  inexplicable 
on  the  presumption  of  suicide.  The  wea[)on  must  have  been 
grasped  and  held  firmly  in  the  right  hand  :  hence  the  palmar 
surface  might  have  escaped,  but  the  dorsal  surface,  in  my 
opinion,  could  not  escape,  receiving  some  blood  from  the  vessels 
divided  on  the  left  side,  and  subsequently  from  those  divided 
on  the  right  side. 

The  spot  of  blood  twelve  or  fourteen  inches  in  length, 
etc.,  on  the  bedclothes,  and  the  spots  on  the  pillow  to  the 
right,  have  no  communication  with  the  main  source  of  hemor- 
rhage :  they  must  have  lieen  produced  subsecjuently  to  the 
wound  in  the  neck.  There  is  no  conceivable  theory  by 
which  the  deceased  could  have  produced  them,  or  that  they 
could  have  resulted  from  any  act  on  her  part,  on  the  suppo- 
sition of  suicide. 

Taking  the  attitude  of  the  body,  the  nature  of  the  wound, 
and  the  medical  circumstances  in  reference  to  the  position  of 
the  stains  of  blood  and  the  weapon,  I  am  of  opinion  that  this 
wound  ivas  not  inflicted  hy  deceaned  on  herself,  but  that  it  must 
have  been  inflicted  by  some  other  person. 

A  case  somewhat  similar  occurred  to  me  some  3'ears  since. 
The  assassin,  in  this  case,  cut  the  throat  of  a  woman  while 
asleep.  He  cut  off  one  of  the  cotton  strings  of  her  night- 
cap :  this  was  found  on  the  floor.  The  microscope  showed 
fibres  of  cotton  in  the  coagulated  blood  on  the  razor. 

The  head  of  deceased  was  pressed  backward  on  the  pillow, 
and  it  would  appear  as  if  the  chin  had  been  raised,  or  pulled 
upward,  at  the  time  of  the  act  of  cutting. 

ALFRED  S.  TAYLOR, 

Professor  of  medical  jurisprudence 

a7id  chemistry  m  Guy^s  Hospital. 

15  St.  James  Tkkkace,  Recent's  Park, 
J  line  29,  18(50. 


20G  A   TYPICAL   AMERICAN. 

[Letter  from  Professor  T.  G.  Geoghegan  ] 

Upper  Marion  St.,  Dublin, 
Sept.  10,  18(JU. 

My  Dear.  Sir,  —  I  herewith  apologize  for  having  so  long 
left  your  letter  unanswered. 

I  have  read  your  well-drawn  report  with  great  interest,  and 
feel  quite  disposed  to  concur  in  tlie  general  conclusions  you 
have  drawn. 

The  autopsy  was  very  well  conducted.  I  find  it  impossible 
to  understand  how  the  division  of  the  great  vessels  should  not 
have  discolored  more  of  the  adjacent  surrounding  surfaces 
with  blood,  unless  by  some  such  state  of  the  circulation  as 
you  suggest,  and  which  latter  would  explain  the  result. 

The  lungs  also  seem  to  have  been  congested,  —  a  condition 
not  to  be  expected  in  death  from  hemorrhage. 

I  infer,  however,  that  Avhat  was  found  in  the  pleura  was 
serum  strongly  imbued  with  blood,  rather  than  pure  blood, 
as  I  have  never  seen  the  latter  except  with  a  wound.  Whilst 
the  bloody  fluid  is  not  unusual  as  the  result  of  the  process  of 
putrefaction,  especially  under  the  influences  of  gases  accu- 
mulated in  the  blood-vessels,  and  thus  causing  exudation ; 
the  absence,  also,  of  more  than  slight  stains  of  blood  on  the 
hand,  —  the  division  of  the  transverse  process  of  the  cervical 
vertebrce,  and  the  condition  of  the  tongue,  are  presumptive  of 
homicide.     My  best  wislies. 

Yours  very  truly, 

T.  G.  GEOGHEGAN. 
Dr.  John  Swinburne,  Albany,  N.Y. 

After  transmitting  to  Dr.  Geoghegan  some  tables  embody- 
ing the  results  of  experiments,  he  sends  in  reply  the  fol- 
lowing able  and  comprehensive  opinion  :  — 

Dublin,  Dec.  18,  18G0. 

Dear  Dr.  Swinburne,  —  I  feel  much  obliged  by  your 
attention  in  sending  me  the  report  of  the  inquest  in  Mrs. 
Budge's  case,  and  the  valuable  tables  embodying  the  result 
of  your  experiments.  Some  time  since,  I  wrote  to  you,  giving 
you,  I  think,  a  sketch  of  my  views  of  the  matter,  the  date 
furnished  by  yourself. 

I  quite  coincide  with  you  as  to  the  extreme  improbability 
of  suicide  having  been  carried  out  in  the  present  instance  ; 
and  this  for  a  variety  of  reasons,  which  you  appear  to  have 
estimated  very  correctly. 


MEDICAL  JURISPllUDENCK.  207 

I  cannot  conceive!,  in  ilic  first  place,  that  had  the  division 
of  the  <;re:i,t  v(!sscls  been  the  resnlt  of  suicide,  the  circnhition 
beinfif  ordinarily  vig^orous,  the  nei,t,dd)oring  objects  —  as  the 
head  of  the  bed,  and  walls,  bedclothes  (i.e.,  pillows),  and 
doubtless  the  deceased's  face  and  upper  part  of  the  neck  — 
could  have  escaped  being  copiously  sprinkled  with  Idood, 
and  that  ])art  of  these  maiks  should  have  the  dotted  and 
interrupted  character  of  an  arterial  jet ;  secondly,  that  the 
lungs  should  have  been  exsa7if/ui.ned,  or  nearly  so,  instead  of 
forming  chcu-acters  which  lead  to  the  legitimate  inference 
that  they  were  congested  at  the  time  of  death.  The  condition 
of  the  razor-blade,  unstained  by  blood  in  a  great  part  of  its 
breadth,  seems  strongly  also  to  militate  against  self-murder. 
I  should  have  further  exfjccted  that  in  case  of  suicide  fol- 
lowed by  rapid  death,  and  where  the  extent  and  character 
of  the  injury  would  indicate  a  most  determined  effort,  the 
weapon  would  have  been  found  grasped  in  the  hand,  as  it 
most  usually  is.  Again  :  suicide  by  cutting  the  throat  in  the 
recumbent  position  is  most  unusual.  Nor  have  I  ever  seen  or 
read  of  a  case  of  suicide  where  a  portion  of  the  lone  Avas 
sliced  off.  The  seat  of  the  wound  is  unusual  for  a  suicide, 
being  commonly  at  one  side  more  than  the  other,  and  gen- 
erally above  the  os  hyoides.  These  latter,  however,  are  not 
decisive  criteria.  Lastl}',  the  injuries  of  the  tongue  are  very 
significant. 

With  best  washes,  yours  very  truly, 

T.  G.  GEOGHEGAN. 
Dr.  J.  Swinburne,  Albany-. 

[Letter  from  Dr.  Charles  A.  Lee.] 

Peekskill,  Sept.  2S,  1860. 
Dr.  Charles  H.  Porter. 

My  Dear  Sir.,  —  I  am  much  obliged  to  you  for  the  oppor- 
tunity of  reading  j'our  "  report  of  the  case  of  Mrs.  B.,  who 
died  under  suspicious  circumstances."  I  have  carefully  read 
it,  and  given  it  much  consideration. 

It  is  due  to  you  to  say  that  it  is  a  most  ingenious.,  judicious^ 
and  .iati.factorg  exposS  of  the  case. 

The  conclusions  at  which  you  arrive  appear  to  me  sound 
and  irresistible,  and  entirely  borne  out  by  the  facts.  There 
is  not  a  shadow  of  doubt  in  my  mind  that  the  incision  was 
inflicted  after  death,  and  there  is  as  little  doubt  that  death 
resulted  from  suft'ocation. 

The  depth  and  extent  of  the  wound  argue  a  determina- 


208  A   TYPICAL  AMERICAN. 

tion  of  purpose,  and  strength  of  wrist,  possessed  by  very  few 
suicides,  especially  females  ;  and  I  do  not  believe  it  possible 
that  such  an  incision  could  have  been  inflicted  by  the  deceased. 

The  case^  in  my  judgment,  could  hardly  be  strengthem^d  by 
any  collateral  circumatances. 

If  it  should  appear  that  the  parties  lived  together  unhap- 
pily, it  would  go  far  with  a  jury  to  corroborate  your  theory. 

The  supposition  of  suicide  I  should  not  suppose  could  be 
entertained  at  all  by  any  person.  But,  even  under  such  (in- 
sanity) circumstances,  I  should  decidedly  coincide  with  you 
in  the  opinions  you  have  expressed  in  regard  to  the  cause 
of  death  ;  for  all  the  facts  point  irresistibly  to  the  agency  of 
another  hand.  I  have  nowhere  read  a  more  interesting  case, 
or  one  which  has  been  more  ably  or  logically  elucidated, 
where  the  reasoning  throughout  is  so  thoroughly  based  on 
science,  and  established  principles  of  anatomy,  physiology, 
and  pathology. 

I  trust  you  will  allow  its  publication  in  some  of  our  medi- 
cal journals,  as  it  is  too  important  to  be  lost  to  science. 

Allow  me  to  thank  you  again  for  your  kindness  in  sending 
me  your  report  of  the  case. 

I  am  very  truly  yours,  etc., 

CIIAS.  A.  LEE. 

[Letter  from  Dr.  S.  D.  Gross,  Professor  of  Surgery.] 

Philadelphia,  Jan.  31,  1862. 

Dear  Doctor,  —  You  ask  me  in  regard  to  the  probable 
manner  of  the  death  of  Mrs.  Budge,  —  whether,  in  my  judg- 
ment, it  was  caused  by  her  own  act,  or  by  the  act  of  some  one 
else.  After  a  careful  examination  of  the  testimony  submitted 
to  me,  I  have  unhesitatingly  come  to  the  conclusion  that  she 
was  destroyed,  not  by  her  own  hands,  but  by  those  of  another 
person.     My  reasons  for  this  conclusion  are  the  following  :  — 

1st,  It  is  impossible  for  any  person  to  cut  the  large  vessels 
of  the  neck  without  being  inundated  with  blood.  If  Mrs. 
Budge  had  been  alive  at  the  moment  her  neck  was  cut,  the 
blood  of  the  carotid  arteries  would  have  spurted  about  in  every 
direction,  soiling  not  only  the  bed  and  body  clothes.,  but  also 
the  floor.,  and  probably  even  the  wall  and  ceiling  of  the  apart- 
ment. I  assume  that  this  circumstance  alone  is  amply  suf- 
ficient to  establish  the  fact  that  she  had  ceased  to  breathe 
when  her  throat  teas  cut.  As  a  surgeon,  I  cannot  conceive 
of  the  possibility  of  such  a  frightful  wound  being  inflicted 
without  the  occurrence  of  the  most  profuse  hemorrhage,  even 


MEDICAL   .IIJRISPRUDKNCE.  209 

if  life  liatl  been  destroyed  in  a  few  seconds;  and  the  effects 
of  this  heniorrliage  would  iinrjuestionahly  liave  exhil)ited 
themselves  in  the  manner  above  indicated.  Any  one  who 
has  ever  seen  a  chi(;k(!n's  liead  severed  knows  how  long 
the  blood  continues  to  How  in  a  full  stream  from  the  carotid 
arteries. 

2d,  If  Mrs.  Budge  had  herself  inflicted  the  wounds  lier 
hnnd^face^  and  chest  would  necesmrilij  have  been  covered  with 
blood  :  which,  liowever,  it  appears,  was  not  the  case. 

3d,  From  the  fact  that  the  woman  was  comparatively 
thin  and  feeble,  I  infer  that  she  could  not  (even  if  we  sup- 
pose she  possessed  most  extraordinary  will  and  determination) 
have  wielded  the  razor  with  which  the  wound  is  said  to  have 
been  inflicted,  in  such  a  manner  and  Avith  such  force  as  to 
shave  off  the  left  transverse  process  of  the  fifth  cervical  ver- 
tebra, or  to  divide  all  the  structui-es  in  front  of  the  neck, 
even  down  to  the  scalenus  muscle.  Such  a  wound  as  Mrs. 
Budge's  is  seldom  inflicted  by  the  most  robust  and  coura- 
geous suicide. 

4th,  From  the  position  of  the  razor,  and  from  the  almost 
entire  absence  of  hlood  upon  it,  to  say  nothing  of  the  peculiar 
shape  of  the  ivound^  I  cannot  suppose  that  it  ivas  the  weapon 
used  to  kill  Mrs.  Budge. 

The  above  facts  and  considerations  are  quite  sufficient 
for  my  purpose.  I  leave  entirely  out  of  the  question  all  the 
minor  points  of  the  case.  They  establish  most  irrefragably, 
in  my  judgment,  the  conclusion  that  j\Irs.  Budge's  neck  was 
not  cut  until  she  had  ceased  to  breathe,  and  consequently  that 
she  was  not  her  own  murderer. 

How  she  was  killed  I  will  not  pretend  to  affirm  ;  but  the 
probability  suggests  itself  to  my  mind  that  the  act  was 
effected  by  manual  strangulation,  and  that  her  throat  ivas  cut 
immediately  after.  This  idea  derives  plausibility  from  some 
of  the  circumstances  revealed  during  the  dissection  of  the 
body. 

I  am,  dear  doctor,  very  truly  and  respectfully 

Your  friend  and  obedient  servant, 

S.  D.  GROSS. 
Dr.  John  Swixburne. 


Philadelphia,  Dec.  S,  1S62. 
John  Swinburne,  M.D. 

Dear  Sir,  —  I  have  received  a  copy  of  "  A  Review  of  the 
People  against  Rev.  Henrj'  Budge,"  for  which  I  presume  that 


210  A  TYPICAL  AMERICAN. 

I  am  indebted  to  j^oii.  Its  details  have  interested  me  very 
much,  and  the}''  appear  to  me  to  sustain  your  conclusions. 
Will  3'ou  permit  me  to  call  your  attention  to  a  point  which 
does  not  seem  to  me  to  have  attracted  your  notice?  On  p. 
12  it  is  stated  that  "a  razor  was  lying  under  the  arm,  two- 
thirds  open^  Would  it  have  been  possible  for  a  suicide  to 
inflict  the  wounds  described  in  the  evidence  with  a  razor  only 
two-tliirds  open  ?  Or,  supposing  that  those  wounds  were  in- 
flicted by  the  razor  bent  backwards  as  it  is  used  in  shaving, 
could  it  have  been  partially  closed  by  a  suicide  who  had  in- 
flicted the  wounds  described  in  the  evidence?  If  these  ques- 
tions are  answered  in  the  negative,  as  I  think  they  should  be, 
Mrs.  Budge  was  not  a  suicide. 

I  am,  very  respectfully,  your  obedient  servant, 

ALFRED    STILLE. 

Columbus,  O.,  Sept.  8,  1862. 
Dr.  Swinburne. 

My  Bear  Sir,  —  I  am  under  many  obligations  for  your 
kindness  in  sending  me  your  review  of  the  Budge  case.  I 
have  read  it  with  very  great  interest,  and  fully  concur  in 
your  opinion  that  it  was  not  a  case  of  suicide. 

Very  truly  yours, 

T.    G.   WORMLEY. 

My  Dear  Doctor,  —  Some  one,  you  I  suppose,  sent  me 
your  wonderful  analysis  of  the  Budge  case.  I  read  it  with 
the  utmost  care,  and  think  you  have  made  out  a  clear  case. 
As  a  physiologist,  I  can  find  no  fault  with  your  biological 
criticism,  which  appears  to  me  to  be  just  and  well  founded. 
Indeed,  I  am  at  a  loss  to  understand  how  any  one  can  or 
could  take  any  view  of  the  case  but  that  which  you  have 
defended  with  a  logic  so  convincing  as  to  leave  only  room 
for  expressions  of  admiration  on  the  part  of  any  one  fitted 
to  follow  your  argument. 

You  have  added  considerably  to  our  knowledge  of  these 
cases;  and  thus  much,  at  least,  of  good  has  come  of  it. 

With  many  thanks,  I  am  very  truly  yours, 

122G  walnut  street.  S.    WEIR    MITCHELL. 

Dr.  Swinburne. 

Nearly  twenty  years  afterwards  Budge  is  heard  of  in  the 
West,  where  he  was  in  the  ministry,  and  a  great  favorite 


MEDFOAL   JUUISPRUDENCK.  211 

"with  certain  young  liidies."  Here  he  was  recognized  l)y  a 
lady  from  Lowville,  who  disclosed  the  affair.  liudge  called 
a  meeting  of  tlie  church  to  explain  the  matter.  "The 
explanation  made  the  congregation  believers  in  the  crime," 
wrote  a  prominent  physician,  "and  he  was  forthwith  dis- 
missed. From  there  he  went  to  Buchanan,  and  then  to 
Byron,  O.  Here,"  he  writes,  "  comes  in  a  sad  picture.  A 
Dr.  Parsons  and  his  wife  were  members  of  the  church,  and 
Budge  went  to  visit  them.  He  became  more  interested  with 
a  daughter  than  with  her  sick  mother.  At  this  point  a  rumor 
came  that  Budge  had  a  wife  in  Canada.  Dr.  Parsons  warned 
Budge  never  to  enter  his  house  again.  Mrs.  Parsons  died, 
and  Carrie,  the  daughter,  became  insane.  They  all  believe 
that  distraction  in  love  caused  this  melancholy  result."  This 
moral  evidence  is  a  circumstance  to  strengthen  the  medical 
position  taken  by  Dr.  Swinburne. 

The  positions  assumed  in  these  three  novel,  unprecedented, 
and  interesting  cases,  established  him,  in  the  judgment  of 
the  legal  and  advanced  medical  profession,  as  among  the 
most  reliable  of  medico-legal  experts,  and  resulted  in  his 
frequent  calls  to  the  witness-stand.  Among  the  other  cele- 
brated cases  in  which  he  was  made  prominent  was  one  where 
the  questions  raised  were  entirely  different  from  the  cases 
cited. 

On  the  5th  of  June,  1878,  in  Northumberland,  Saratoga 
Count3%  Mrs.  Jesse  Billings  was  shot  while  sitting  in  front  of 
her  window,  and  instantly  killed,  the  ball  being  fired  from 
the  outside,  and  passing  through  a  pane  of  glass.  She  died 
instantly  from  the  effects  of  the  bullet.  The  bullet  entered 
on  the  left  side  of  the  head,  but  did  not  pass  entirely  through 
the  skull.  On  the  right  side  a  wound  was  found  over  the 
mastoid  portion  about  two  inches  in  length,  undoubtedly,  as 
the  experts  believed,  made  by  a  piece  of  bone  cutting  its  way 
outwards.  At  the  bottom  of  this  wound,  lodged  in  the  upper 
surface  of  the  petrous  portion  where  it  joins  the  squamous, 
lay  the  bullet.  In  its  course,  the  ball  had,  in  addition  to  pass- 
ing through  the  glass,  cut  through  the  facia  of  the  temporal 
muscles,  the  superficial  facia,  and  the  skin.     As  the  result  of 


212  A   TYPICAL  AMERICAN". 

the  coroner's  inquest,  her  husband,  Jesse  Billings,  jun.,  was 
arrested,  and  held  to  await  the  action  of  the  grand  jury,  by 
whom  he  was  indicted.  He  was  tried  for  the  murder  at  the 
October  (1878)  term  of  the  oyer  and  terminer,  the  trial  re- 
sulting in  a  disagreement  of  the  jur}^,  the  evidence  being  ex- 
clusively circumstantial  and  expert  testimony.  Not  being 
fully  satisfied  with  the  autopsy  first  made,  said  an  expert,  in 
a  pamphlet  reviewing  the  case,  the  people's  counsel  had  the 
body  exhumed,  and  requested  Dr.  John  Swinburne  of  Albany 
to  make  a  further  examination  of  the  head.  The  cause  for 
this  act  was  the  claim,  on  the  part  of  the  defence  in  the  first 
trial,  that  all  the  lead  fired  at  the  murdered  woman  was  found 
by  the  physicians  holding  the  first  autopsy,  and  the  people 
wished  to  know  whether  more  lead  did  not  remain  in  the 
skull.  Dr.  Swinburne  removed  the  head  from  the  trunk, 
taking  only  the  bones  of  the  skull,  sawing  through  the  ex- 
ternal angular  processes  and  the  anterior  roots  of  the  zygo- 
matic arches.  After  maceration  the  skull  was  cleaned, 
careful  search  being  made  for  any  particles  of  lead  (none, 
however,  being  found),  and  the  broken  bones  wired  together. 
The  skull  so  prepared  was  put  one  side,  and  produced  in 
evidence  at  the  second  trial,  which  took  place  in  April,  1880. 
Two  important  points  were  raised ;  i.e.,  as  to  the  foot-marks 
found  leading  from  tha  house  to  an  old  unused  well,  and 
whether  the  shooting  was  done  with  an  old  Ballard  carbine 
found  in  the  well,  and  which  three  witnesses  swore  they  be- 
lieved belonged  to  Billings,  and  that  they  believed  it  was  the 
same  one  that  had  been  lying  around  his  store,  but  which 
could  not  be  found  until  the  officers  drew  it  from  the  well. 
The  claim  of  the  defence  was,  that  the  bullet  was  a  smaller 
ball  than  a  "44,"  and  its  full  weight  less  thaii  two  hundred 
and  twenty  grains  (about  fifty-eight  grains)  ;  that  in  conse- 
quence the  Ballard  carbine  could  ]iot  have  been  the  gun  from 
which  the  shot  was  fired,  for  it  not  only  called  for  a  "  44  " 
ball,  but  would  throw  a  bullet  with  such  force  that  it  neces- 
sarily must  have  gone  entirely  through  the  head ;  and  that 
the  weapon  with  which  the  wound  was  inflicted  was  a  pistol. 
One   of  the   experts  for  the  defence,  Professor  Jacob  S. 


MKDHJAL   .JURISPRUDENCE.  213 

Moslicr  of  Alhanjs  did,  by  actual  incasurcmcnt,  fix  the  size 
of  the  ball.  Dr.  Mosher  fomicl  what  he  considered  to  be, 
and  swore  to  as,  the  ''lands  and  grooves,"  and  so  distinctly 
that  he  could  accurately  measure  them.  Dr.  Mosher  did 
thus  measure,  and,  when  announciuf^  the  result,  gave  first  of 
all  the  l)all  to  bo  of  36  or  38  caliber,  but,  on  his  attention 
being  called  to  errors  in  his  calculations,  corrected  his  state- 
ment, and  admitted  the  ball  was  a  "44."  Although  Dr. 
Mosher,  later  in  tiie  trial,  again  changed  his  mind  as  to  size, 
still  his  own  careful  measurement  of  the  "  lands  and  grooves  " 
he  could  so  clearly  point  out,  could  only  make  the  ball  one 
that  was  able  to  fit  and  be  fired  from  the  Ballard  gun. 

Among  the  expert  witnesses  for  the  people  was  Dr.  Swin- 
burne, who  was  on  the  stand  a  portion  of  two  days.  In  his 
testimony  he  contradicted  the  statement  of  Dr.  Mosher,  that 
the  excess  of  loss  to  a  ball  in  any  instance,  in  firing,  would 
be  fifty-eight  grains,  and  held  that  it  would  reach  a  hun- 
dred and  fifteen  grains.  He  demonstrated  this  by  experi- 
ments in  firing  into  a  box  of  bones,  and  letting  all  the  force 
be  expended  therein. 

The  defence  produced  a  skull  upon  which  an  experiment 
had  been  tried,  the  Ballard  carbine  being  the  weapon  used. 
The  description  of  this  experiment  from  the  testimony  as 
given  by  Dr.  Mosher  is,  "With  a  gun  which  w^as  furnished, 
and  understood  to  be  the  Ballard'  gun,  called  by  that  name,  a 
cartridge  was  fired  through  glass  into  a  head,  and  the  scalp 
and  all  the  integuments  as  they  were  in  life  attached  to  the 
trunk,  and  containing  the  brain,  care  being  taken  to  throw 
the  ball  as  near  as  possible  to  the  same  place,  on  the  left 
side,  as  in  the  Billings  skull," 

He  testified,  that,  "after  firing,  the  ball  was  preserved,  and 
an  examination  made  of  the  skull  to  see  the  kind  of  injury 
that  the  ball  had  made  in  passing  through  it.  It  had  passed 
through  both  sides  of  the  skull,  and  gone  out  of  it,  as  a  44- 
caliber  ball  with  an  ordinary  charge  always  will.'' 

Upon  cross-examination,  measurements  of  the  bullet-holes 
in  the  skull  presented  by  Dr.  Mosher,  and  in  that  of  Mrs. 
Billings,  were  made.     These  measurements  brought  out  the 


214  A    TYPICAL   AMERICAN. 

fact  that  the  ball  in  the  Billings  skull  entered  its  full  size 
lowe?',  and  nearer  the  meatus  auditorius,  than  the  otiier :  or, 
in  other  words,  the  Billings  ball  struck  more  squarely  the 
petrous  portion ;  Dr.  Mosher's  bullet  going  mainly  through 
the  mastoid  portion,  merely  touching  the  petrous  where  its 
upper  edge  turns  to  join  the  squamous.  By  measurement, 
the  amount  of  bone  traversed  by  the  two  bullets  was  found  to 
be  two  and  three-eighths  inches,  scarcely  touching  the  petrous 
portion  in  the  Billings  skull,  and  less  than  one-half  of  an  inch 
in  the  other,  or  the  skull  presented  by  Dr.  Mosher,  and  plough- 
ing through  the  entire  petrous  portion  of  the  temple  on  the 
one  side,  and  through  a  portion  on  the  other,  thus  accounting 
for  the  large  loss  in  the  ball. 

Mr.  Leet  of  the  Union  Metallic  Cartridge  Company  testi- 
fied to  the  shell  taken  from  the  carbine,  and  the  ball  taken 
from  Mrs.  Billings's  head,  as,  in  his  opinion,  being  of  the 
character  referred  to.  Mr.  Leet  could  not  find  upon  the  ball 
the  "lands  and  grooves,"  or  the  marks  of  the  rifling  of  the 
gun,  but,  from  other  characteristics,  was  positive  the  ball  was 
a  "44  long." 

Mr.  Hepburn  of  the  Remington  Rifle-Works  at  Ilion,  N.Y., 
testified  that  he,  also,  believed  the  ball  a  "44."  He  could 
not  find  the  lands  and  grooves ;  but  the  heel  of  the  ball,  and 
the  lines  and  scratches  upon  it,  showing  a  left-handed  twist 
to  the  barrel  from  which  it  was  fired,  served,  in  his  opinion 
to  draw  the  ball  taken  from  Mrs.  Billings's  head  into  the 
Billings  carbine,  for  this  left-handed  twist  is  peculiar  to  this 
make  of  rifles. 

The  experts  for  the  defence  testified  that  the  ball  from  the 
carbine  could  not  be  the  one  with  which  the  wound  was 
made,  as  it  was  larger  than  the  hole  in  the  window.  On  this 
discrepancy,  and  that  in  the  testimony  as  to  the  foot-marks, 
the  prisoner  was  acquitted. 

As  an  addition  to  this  trial,  George  W.  Jones,  one  of  the 
witnesses  for  the  defence,  was  convicted  of  perjury  in  the 
following  March,  in  having  sworn  falsely  in  the  trial  of  Jesse 
Billings,  jun.,  for  the  murder  of  his  wife. 

Judge  Westbrook,  in  charging  the  jury  in  the  trial  of  John 


MEDICAL   JURISPRUDENCE.  215 

Hughes  for  the  iniirfhjr  of  VVilliiiin  J.  Iliidley,  an  attoniey-at- 
law  ill  Alhaiiy,  tried  at  the  March  (1880)  term  of  the  oyer 
and  terminer^  said,  — 

"  After  receiving  tliese  injuries  at  tlio  hands  of  the  prisoner, 
which  are  not  denied,  and  which  tlie  counsel  for  th(!  defence, 
both  in  o[)ening  and  ch>sing,  admit  U)  liave  been  inflicted,  the 
deceased  was  attended  by  two  eminent  [jjiysicians  of  this  city, 
Dr.  Swinburne  and  another.  I  use  the  word  'eminent,'  be- 
cause I  mean  precisely  what  I  say.  No  person  who  heard 
those  two  j)hysicians  upon  the  stand  give  tlieir  evidence,  and 
who  noted  their  intelligence  and  their  knowledge  of  their 
profession,  could  fail  to  see  they  were  men  of  eminence  and 
mark  in  their  profession  and  calling.  They  did  for  him,  they 
say,  all  that  was  in  their  power  to  do.  Mr.  Iladley  was  much 
depressed.  They  gave  him  all  the  nourishment  they  could 
administer,  in  every  form  and  shape;  but  he  grew  weaker 
and  weaker,  and  on  the  twenty-first  day  of  A\)V\\  departed 
this  life.  The  body  was  examined  after  death  by  Dr.  Swin- 
burne, in  the  presence  of  some  of  his  assistants.  The  post- 
mortem revealed  the  fact  that  not  only  were  those  wounds 
upon  his  person,  of  which  I  have  spoken,  —  the  one  upon  the 
breast  reaching  backwards  and  downwards  to  the  extent  of 
some  inches,  and  the  one  upon  the  arm  going  through  and 
through  the  arm,  —  but  the  seventh  rib  was  separated  from 
the  cartilage,  and  had  dropped  down.  The  eighth,  ninth, 
and  tenth  ribs  were  also  partially  loosened,  not,  as  the  doc- 
tors say,  by  cutting,  but  by  the  force  of  the  blow  that  had 
been  given,  or  by  the  force  of  some  blow  upon  the  person  of 
Mr.  Hadley.  I  said  by  the  force  of  the  blow  given,  because 
there  is  no  proof,  so  far  as  I  can  remember  (and  if  I  am 
wrong,  your  recollection  will  correct  me),  of  any  other  blow 
having  been  given  which  could  have  produced  that  result. 
Abscesses  had  formed  in  the  arm  ;  and  the  muscles  of  the 
arm,  in  the  language  of  the  physicians,  had  'rotted  away.' 
There  were  also  abscesses  in  the  side,  showing  a  most  un- 
healthy condition  of  the  system.  Those  doctors  who  were 
with  him  from  the  time  of  the  occurrence  down  to  the 
close  of  his  life  say  to  you  unhesitatingly  that  those  wounds 
were  the  cause  of  his  death." 

Hughes  was  convicted  of  murder  in  the  second  degree,  and 
sentenced  to  imprisonment  in  Clinton  State  Prison  for  life. 

Nearly  twenty-five  years  ago  a  newsboy  was  passing  down 
Maiden  Lane,  when  he  was  struck  by  a  wagon  belonging  to 


216  A  TYPICAL   AMERICAN. 

an  express  company;  and  afterwards  his  parents,  through 
the  law  firm  of  Hill,  Cagger,  &  Porter,  brought  an  action  for 
damages,  claiming  that  the  wheel  had  passed  over  and  injured 
him.  Several  witnesses,  employees  of  the  company,  swore  to 
seeing  the  wheel  pass  over  him.  Dr.  Swinbuine  as  an  expert, 
he  having  attended  the  boy,  was  placed  on  the  stand,  and 
testified  that  the  wheel  did  not  pass  over  him  ;  that,  so  far  as 
the  witnesses  were  concerned,  it  was  an  optical  delusion  ;  that 
with  a  wagon  weighing  over  six  tons,  the  weight  being  equal- 
ly proportioned,  if  one  wheel  passed  over  him  as  described, 
even  if  the  wagon  were  in  a  state  of  inertia,  the  weight  was 
sufficient  to  crush  him  in  two,  but  where  the  wagon  was  in 
motion,  as  in  this  instance,  the  power  would  be  increased,  as 
in  the  case  of  a  cannon-ball  fired  from  a  cannon.  He  held 
that,  the  planks  being  slippery,  the  boy  was  struck  by  the 
wheel  and  suddenly  thrown  around,  and  that  the  only  damage 
sustained  was  the  pain  from  a  bruise  on  the  side,  and  loss  of 
time.  On  this  testimony,  the  jury  gave  a  verdict  for  nominal 
damages.  For  this  testimony,  Mr.  Porter  for  a  long  time 
entertained  unpleasant  feelings  to  Dr.  Swinburne,  but  sub- 
sequently was  interested  in  a  case  where  an  inquisition  was 
being  held  as  to  the  cause  of  a  death  in  East  Albany, 
where  his  client  was  charged  with  murder.  This  case  was 
where  a  man  was  struck  by  another,  and,  falling,  was  killed. 
The  doctor  testified  that  the  fatal  wound  was  caused  by  the 
man,  in  falling,  hitting  the  axle  of  his  head  on  the  flange  of 
a  rail.  After  the  discharge  of  the  man,  Mr.  Porter  said, 
"  Doctor,  I  did  not  dare  to  ask  you  a  question.  You  are  right 
this  time,  and,  in  thinking  over  the  other  case,  I  am  satisfied 
your  conclusions  were  reasonable,  and  that  you  were  right 
then." 

In  January,  1878,  Asher  B.  Covill  was  tried  before  Judge 
Potter  at  Elizabethtown,  Essex  County,  for  the  murder  of  his 
wife  near  Ticonderoga.  At  first  he  claimed  that  parties  had 
forcibly  entered  his  house,  and  killed  his  wife,  but  subse- 
quently confessed  that  he  murdered  her,  and  that  the  blow 
was  struck  with  a  large  wooden  club.  On  the  trial  the  ques- 
tion w^as  raised  as  to  insanity,  and,  at  the  suggestion  of  the 


MEDICAIi   .JdUISIMtUDICNCE.  217 

judge,  Dr.  Swinhiinic  was  consulted.  Tlio  ciiso  wa.s  laid 
clearly  before  the  doctor,  who  knew  nothing  of  I  he  man  nor 
his  antecedents.  From  ii  descri[)tion  of  the  man's  life  and 
metliods  of  living,  remaining  away  from  his  wife  for  months 
at  a  time,  the  doctor  said  he  was  neither  insane  nor  demented, 
as  he  never  had  a  mind  to  lose,  but  that  he  was  an  idiot, 
more  fitted  for  an  asylum  than  a  prison.  The  next  day  he 
visited  the  prisoner;  and,  in  presence  of  the  jailf.T,  the  man 
stated  that  he  had  been  guilty  of  the  unnatural  acts  on  whicli 
the  doctor  had  based  his  hypothesis.  On  the  doctor's  recom- 
mendation, the  judge  and  counsel  allowed  him  to  withdraw 
his  plea,  and  plead  guilty  to  murder  in  the  second  degree, 
and  he  was  sentenced  to  the  Clinton  State  Prison  for  life. 
The  man  had  been  prominent  in  the  church,  and  loud  in  his 
protestations  of  religion,  and,  because  of  this  and  the  amiable 
disposition  of  his  wife,  the  feeling  against  him  was  intense; 
and  great  indignation  was  expressed  toward  the  doctor  for 
his  recommendation  and  interposition,  the  foreman  and  other 
members  of  the  jury  participating  in  this  feeling.  To  all 
these  the  doctor  merely  replied,  ''  You  will  thank  me  some 
day  for  saving  you  from  committing  an  act  you  would  after- 
wards regret."  Here  again  he  proved  his  superiority,  as  it 
was  afterwards  learned  that  some  of  the  prisoner's  relations 
had  been  insane,  while  others  were  idiots. 

Dr.  Swinburne  has  been  an  expert  in  all  the  most  notable 
cases  tried  in  this  portion  of  the  State,  where  questions  arose 
which  could  only  be  decided  by  men  versed  in  medical  juris- 
prudence. 

In  no  criminal  proceedings  where  he  has  appeared  as  an 
expert  has  he  ever  charged  or  received  a  fee,  holding,  that,  if 
his  services  were  of  value  in  ferreting  out  crime,  it  was  a  duty 
he,  as  a  citizen,  owed  the  State  and  society ;  while,  on  the 
other  hand,  if  he  appeared  for  an  accused,  he  believed  he  was 
correct  in  his  conclusion,  and  owed  this  duty  to  innocence. 
On  no  other  considerations  would  he  appear. 

In  1870,  he,  with  two  lawyers,  were  appointed  in  Xew  York 
as  referees,  to  whom  were  submitted  the  case  of  Walsh 
against  Sayre,  which  has  become  quite  noted,  and  quoted  in 


218  A   TYPICAL   AMERICAN. 

the  law-books.  The  case  was  an  action  for  damages,  in  which 
it  was  alleged  the  hip-joint  of  the  plaintiff,  from  which  secre- 
tions issued,  had  been  opened  by  defendant,  and  a  permanent 
injury  to  plaintiff  sustained.  The  case  had  been  up  two 
or  three  times  in  the  courts;  but,  owing  to  the  intricate 
question  arising,  which  could  only  be  intelligent!}^  settled  by 
a  medical  man  of  known  ability,  this  reference  was  made. 
Before  the  referees,  two  of  the  most  prominent  surgeons  of 
New  York  testified  that  twenty-four  hours  after  the  alleged 
operation  they  found  indications  that  positively  demonstrated 
that  the  secretions  they  then  found  came  from  the  hip-joint. 
Under  the  questioning  of  Dr.  Swiuburne,  they  admitted  that 
they  had  not  examined  the  wound,  either  by  jjrobing  or  other- 
wise, except  by  putting  the  hand  under  the  clothing.  They 
held  in  their  testimony,  that,  because  the  secretion  was  adhe- 
sive and  sticky,  they  were  enabled  to  say  conclusively  that  it 
came  from  the  hip-joint.  Subsequently  these  two  scientific 
experts  were  compelled  to  admit  that  there  were  a  number 
of  other  secretions  corresponding  in  test  with  this  secretion, 
and  hence  were  forced  to  withdraw  their  first  decision,  and 
confess  it  might  arise  from  scrofula  or  some  other  cause, 
and  that  even  the  blood  or  serum  itself  was  as  sticky  as  this 
secretion.  Notwithstanding  the  testimony  of  these  men,  the 
hip-joint  itself  at  the  time  of  the  trial,  about  three  years  after- 
wards, was  found  in  a  healthy  condition;  but  the  discharge 
still  continued  from  the  alleged  as  well  as  other  spontaneous 
openings.  In  this  action  Mr.  Edwin  James,  a  former  queen's 
counsel  and  member  of  the  British  House  of  Parliament,  was 
counsel  for  the  plaintiff,  and  Hon.  Ira  Shaffer  for  defendant. 
Mr.  James  indignantly  withdrew  from  the  case  because  Dr. 
Swinburne,  as  one  of  the  referees,  questioned  the  expert  testi- 
mony for  the  plaintiff.  The  referees,  in  their  decision,  ren- 
dered in  favor  of  Dr.  Sayer,  on  the  ground  that  the  joint  was 
not  opened.  In  this  case  Dr.  Swinburne  refused  to  charge 
any  fee  for  the  time  occupied  in  this  suit,  because  it  was  a 
case  in  which  a  poor  family  and  one  of  the  medical  profession 
were  the  parties  litigant.  Mr.  James  in  this  suit  claimed 
that  the  doctor  had  no  right  to  question  the  deductions  of  the 


MEDICAL   JURISPRUDENCE.  211i 

experts,  und  was  hoiuid  to  accept  tlicir  conclusions  on  tlio 
questions  presented.  The  doctor  niaintaincd  that,  as  a  rei- 
eree  to  decide  the  points  in  litigation,  he  had  a  right  to  know 
why  the  experts  arrived  at  the  conclusion  they  announced. 
He  knew  some  of  them  were  erroneous,  and  that,  if  there 
was  union  in  the  first  intention,  there  could  be  no  inflamma- 
tion, and  hence  no  discharges,  within  forty-eight  hours.  It 
was  charged  that,  as  soon  as  the  cut  was  made,  the  flow 
commenced,  and  continued.  The  doctor  maintained  that,  if 
the  tissues  cut  were  healthy,  no  flow  would  take  place,  and 
if  there  was  secretion,  it  must  have  been  caused  by  an  ab- 
scess, or  some  other  gathering. 

In  no  instance  has  he  ever  appeared  in  court  as  a  witness 
for  the  jjurpose  of  injuring  the  standing  of  his  professional 
brethren,  but  only  testifying  to  what  he  knew  affecting  the 
cases  before  him.  An  instance  of  his  testimony  in  cases 
wheie  professional  men  were  sued  for  malpractice  was  cited 
to  the  writer  a  few  days  since  by  Mr.  I.  M.  Lawson,  a  promi- 
nent attorney  in  the  city  of  Albany.     Mr.  Lawson  said, — 

"  I  had  a  case  recently,  and  had  Dr.  Swinburne  as  my 
witness,  and  he  lost  the  case  for  me.  A  woman  out  in  the 
country  sustained  a  fracture,  and  was  treated  by  a  physician 
who  made  a  bad  job,  resulting  in  a  deformit}',  and  loss  of  the 
use  of  the  limb.  The  doctor  demonstrated  where  the  treat- 
ment was  a  failure,  and  why  there  was  no  excuse  (scientifi- 
cally) for  the  failure.  When  questioned  by  the  other  side,  he 
said  the  physician  was  not  responsible  ;  that  no  man  could  be 
held  responsible  for  what  he  did  not  know  ;  that  the  ph3'sician 
had  treated  according  to  the  teachings  of  the  books  and  col- 
leges ;  and  that  the  colleges,  and  not  the  man,  should  be  held 
responsible  for  the  false  doctrine  they  were  teaching." 

Mr.  Lawson  added,  — 

"I  tried  to  convince  the  court  and  jury  that  physicians, 
like  railroad  companies,  should  be  held  responsible  for  all 
damages  resulting,  if  they  did  not  avail  themselves  of  the  most 
modern  and  best  systems  of  protection  to  life  and  limb.  It 
is  surprising  the  success  the  doctor  has  met  with.  He  is  a 
remarkable  man  ;  and  it  is  unaccountable  why  the  profession 
are  not  compelled  to  accept  his  system,  evidently  so  superior 
to  the  others." 


220  A   TYPICAL   AMERICAN. 

The  next  important  case  in  which  Dr.  Swinburne  appeared 
as  a  medical  expert  was  in  the  matter  of  Col.  Walton 
Dwight,  whose  death  occurred  at  Binghamton,  Nov.  15,  1878. 
This  gentleman  was  reported  quite  rich,  his  estate  being 
mostl}'  in  short-term  insurance  policies,  aggregating  over 
two  hundred  and  fift}'-  thousand  dollars.  On  the  18th  Dr. 
Francis  Delafield  of  New  York,  representing  the  Equitable 
Life-Assurance  Company,  made  an  autopsy  of  the  remains  in 
the  presence  of  Dr.  Swinburne  and  thirteen  other  physi- 
cians. He  held  that,  as  a  result  of  this  autopsy,  there  was 
no  evidence  of  the  action  of  any  irritant  poison,  although  the 
conditions  of  the  stomach  and  intestines  did  not  exclude  the 
possibility  of  such  poison  existing ;  that  there  existed  chronic 
inflammation  of  the  stomach,  but  an  absence  of  acute  inflam- 
mation ;  that  there  was  no  evidence  of  the  existence  of  malarial 
poisoning ;  that  the  immediate  cause  of  death  was  paralysis 
of  the  heart;  that  there  was  no  evidence  of  the  existence  of 
mineral  poisoning  ;  and  that  neither  the  medical  history  of  the 
case,  nor  the  autopsy,  gave  evidence  of  the  existence  of  any 
but  natural  causes  of  death. 

Dr.  Swinburne  was  present  by  request,  and  acting  for 
Professor  Charles  H.  Porter,  who  represented  the  Union 
Mutual  Life-Insurance  Company  of  Maine.  Dr.  Swinburne 
held  that  the  autopsy  was  too  hurriedly  made,  and  that, 
instead  of  a  few  hours,  two  days  at  least  should  have  been 
taken  in  an  important  case  like  this,  where  the  question 
probably  was  at  stake  as  to  whether  it  was  murder,  suicide, 
or  natural  death.  In  a  case  like  this,  he  insisted,  the  people 
have  a  right  to  demand  a  most  careful  and  perfect  investi- 
gation. He  held  that  the  autopsy  did  not  account  for  the 
death  of  the  person  on  whose  body  it  was  made  from  natural 
causes,  but,  so  far  as  it  disclosed  a  point  of  death,  he  believed 
the  person  did  not  die  of  malarial  fever,  congestive  chills, 
paralysis  of  the  heart,  nor  any  disease,  but,  on  the  contary,  by 
unlawful  means.  At  this  inquest  he  called  the  attention  of 
those  present  to  an  indentation  running  around  the  neck,  in 
which  all  present  concurred.  The  views  of  Dr.  Swinburne 
were  concurred  in  by  Dr.  B.  F.  Sherman  of  Ogdensburg,  St. 
Lawrence  County. 


MEDICAL   .lURISPRUDENCE.  221 

Because  of  these  dctluctions  of  Dr.  Swinl)iiriie,  ;iii<]  a  state- 
ment by  W.  F.  Winship  of  Alljany,  —  wlio  Ijclieved  C'ol. 
Dwiglit  coiimiitted  wilful  suicide,  and  who  deposed  that,  on 
Yisiting  Col.  D wight  before  ids  death,  he  (Winship)  had  Ids 
suspicions  aroused  that  Col.  Dwight  was  committing  suicide 
by  slow  poison,  and  that  he  so  informed  the  colonel's  wife, — 
the  companies  issuing  the  policies,  with  one  exception,  re- 
fused to  settle,  and  demanded  another  autopsy  and  coroner's 
inquest,  which  commenced  on  April  23,  1879. 

At  the  second  inquest,  Drs.  Burr  and  Orton,  wlio  had  at- 
tended Dwight  during  his  illness,  gave  as  their  opinion 
from  the  autopsy  and  post-mortem,  that  death  was  from  con- 
gestive chills  resulting  from  malarial  fever  contracted  while 
on  a  visit  West. 

Dr.  Swinburne's  deductions,  noting  the  heavy  indentation 
around  the  neck,  and  from  the  iJOHt-mortp.m,  were,  that  the 
person  on  whom  the  autopsy  Avas  held  died  from  asphyxia, 
and  that  asphyxia  was  induced  by  a  cord  or  fillet  around  his 
neck,  and  thought  the  cord  was  drawn  moderate!}''  around 
the  neck.  There  are  other  forms,  he  held,  of  asphyxia,  but 
this  seems  the  most  probable.  In  a  state  of  stupidity  from 
drunkenness  or  from  opiates,  a  wet  cloth  over  the  mouth 
and  nose  would  produce  the  same  result,  and  about  the  same 
post-mortem  conditions.  The  heavy  indentation  noted  and 
described  by  Dr.  Swinburne  in  the  neck  commenced  just  on 
the  right  side,  about  the  point  where  the  os  hyoides  is 
attached  to  the  thyroid  cartilage,  and  extending  upwards  and 
backwards  around  to  the  back  of  the  neck  at  an  anfjle  of 
forty-five  degrees ;  and  it  was  an  indentation  that  he  could 
put  his  right  thumb  in,  and  was  about  that  size  as  if  made 
with  a  curtain  cord. 

At  the  second  autopsy,  and  in  the  actions  following  in  the 
Supreme  Court,  the  doctor  maintained  that  the  coroner's 
report  was  not  as  originally  made,  and  that,  although  the  sig- 
natures were  maintained,  pages  in  which  changes  and  sugges- 
tions were  interlined  were  extracted,  and  others  substituted 
without  these  interlinings.  In  the  report  of  the  first  autopsy 
it  was  stated,  — 


222  A   TYPICAL    AMERICAN. 

"Dr.  Swinburne  notes  a  heavy  indentation  extending  up- 
wards and  backwards  from  the  os  ht/oides  to  right  around  back 
of  neck,  and  on  left  side  below  the  thyroid  cartilage,  running 
upwards  and  backwards  at  an  angle  of  about  forty-five  de- 
grees. Drs.  Swinburne  and  Ayre  think  this  is  caused  by  the 
bending  of  the  head  and  neck  backwards." 

This  statement,  the  doctor  insisted,  was  garbled ;  that  he 
certainly  never  gave  an  opinion  as  to  the  cause ;  and,  if  that 
was  put  in  afterwards,  it  was  interlined  or  interlarded,  and 
will  be  so  found  in  the  original  copy  ;  but,  if  it  was  done  at 
all,  it  was  done  after  reading.  Dr.  S.  Burr,  who  kept  the 
record,  in  explanation  said  Dr.  Ayre  first  spoke  of  it  (the 
opinion)  ;  and  then  he  saw  Dr.  Ayre  talking  with  Dr.  Swin- 
burne, who  nodded  his  head ;  and  then  he  (Burr)  put  in  the 
opinion. 

Among  the  peculiar  indications  found  by  Dr.  Swinburne 
was,  that,  upon  opening  the  chest,  the  lungs  were  found  to  be 
congested,  inflated,  and  apoplectic ;  so  much  so,  that  they 
would  not  collapse  when  opened.  These  congestions  were 
found  to  extend  from  the  lungs  up  to  the  larynx  and  trachea, 
some  of  the  parts  more  congested  than  others.  Upon  a  care- 
ful examination,  the  windpipe,  larynx,  and  trachea  were 
found  to  be  lined  and  filled  with  a  thick,  tenacious  mucus, 
and  the  membranes  reddened,  congested,  and  full  of  mucus. 
Notwithstanding  this  condition  of  the  lungs,  trachea,  and 
larynx,  a  witness,  Charles  A.  Hull,  a  law3'er,  who  was  watch- 
ing with  the  deceased,  swore  that  less  than  ten  minutes  before 
Dwight  died,  and  he  did  not  seem  to  manifest  immediate 
danger,  he  said  he  had  a  new  way  of  eating  crackers,  and, 
as  he  spoke,  reached  over  and  took  one.  This  was  a  curious 
condition  to  reconcile  in  pathology,  as  it  would  be  an  impos- 
sibility for  this  mucus  to  gather  in  that  time. 

In  answer  to  a  question  by  the  coroner,  Dr.  Swinburne 
said, — 

"I  don't  believe  a  healthy  person  ever  died  of  a  chill. 
Mark  what  I  say,  I  don't  believe  a  person  ever  died  in  a 
congestive  chill  which  was  cauglit  here  or  in  Chicago,  as  you 
put  it  yesterday.    1  mean  a  healthy  person.     They  may  have 


MEDIC  A  I.   .JUHISPRUDENCK.  223 

complications  of  disease  ;  but  take  a  hoaltiiy  person,  shown 
to  be  liealtliy,  like  Col.  Dwight,  both  ante  mortem  and  pont 
mortem,  as  stated  by  a  great  many  physicians,  now  pro- 
nounced healthy  by  the  post-mortem  by  all  —  I  say  a  person 
absolutely  healthy  like  that  never  dies  from  ordinary  ague 
chills  such  as  you  get  from  Chicago,  because  they  have  not 
had  ague  at  Chicago  for  jnany  years." 

He  held  that  if  a  man  is  specially  ill,  he  has  a  pulse  and 
heat  different  from  what  he  would  have  if  he  were  well. 
Aside  from  the  times,  he  said  that  he  had  what  they  claimed 
as  these  chills.  He  was  never  sick,  excepting  that  he  had 
from  time  to  time  a  sort  of  bilious  vomiting;  but  that  you 
may  regard  as  not  peculiar,  when  you  take  into  consideration 
the  fact  that  the  post-mortem  examination  showed  Dwight  had 
chronic  inflammation  of  the  stomach.  As  physicians  (the 
jury  was  composed-  of  physicians),  you  know  perfectly  well 
what  that  means :  no  man  gets  chronic  inflammation  with- 
out he  has  first  had  acute  inflammation,  and  no  man  gets 
acute  inflammation  unless  he  has  taken  some  narcotic  or  nar- 
cotic acid.  Inflammation  of  the  stomach  is  not  an  idiopathic 
disease. 

Dr.  Benjamin  F.  Sherman  of  Ogdensburg  agreed  with  Dr. 
Swinburne.  He  had  been  coroner  of  St.  Lawrence  County 
for  a  number  of  years,  and  believed  Col.  Dwight  came  to  his 
death  from  asphyxia  from  a  rope  around  his  neck. 

Dr.  Elisha  A.  Bridges  of  Ogdensburg  believed  the  person 
on  whose  body  they  held  the  examination  came  to  his  death 
from  asphj'xia,  and  that  the  cause  was  strangulation  with  a 
cord  or  rope  around  the  neck. 

The  verdict  in  this  second  post-mortem  inquest  was  death 
from  inanition  and  congestive  chills,  upsetting  completely 
Dr.  Delafield's  theorj^  The  investigation  and  excitement 
attending  this  trial  was  intensified  because  of  the  nature 
of  the  will,  in  which,  in  addition  to  providing  for  his  rela- 
tives and  a  number  of  individuals,  bequests  were  made  to 
the  four  churches  of  Binghamton  for  Sunday  schools,  to  the 
press  of  that  city  for  annual  dinners,  for  the  needy  poor  of 
the  cit}^  to  the  Binghamton  Library  Association,  and  to  the 
fire  department  of  Binghamton. 


224  A   TYPICAL   AMERICAN. 

During  the  trial  of  the  suit  for  the  recovery  of  the  policies, 
the  theory  that  a  man  could  commit  suicide  by  hanging  him- 
self while  lying  in  bed,  as  advanced  by  Dr.  Swinburne,  was 
ridiculed  by  man}^  of  the  professional  men,  and  declared  an 
impossibilit3\  Notwithstanding  this  opinion  of  these  con- 
ceited medical  savants,  the  coroner  of  Broome  County,  Dr. 
Johnson,  afterwards  had  two  cases  of  suicide  by  this  method 
in  the  jail  at  Binghamton  ;  the  men  tying  the  cord  or  sheet 
to  the  bedpost,  and  then  pressing  down  in  the  bed. 

In  commenting  on  this  case,  the  Albany  "  Press  and  Knick- 
erbocker "  said,  — 

"  Drs.  Burr  and  Orton,  from  the  first  post-mortem,  concluded 
that  Dwight  died  of  malarial  and  congestive  chills,  but,  from 
the  two  post-mortem  examinations,  they  concluded  there  was 
no  cause  of  natural  death.  .  .  .  Dr.  Delafield,  in  his  report 
from  notes  of  the  fir^t  post-mortem,  stated  that  Dwight  did 
not  die  from  malarial  fever  and  congestive  chills,  but  from 
paralysis  or  syncope  of  the  heart.  ...  It  seems  pertinent  to 
ask  just  here,  Could  a  man  die  of  congestive  chills  from  mala- 
rial fever,  with  a  man  sitting  only  a  few  feet  distant,  and  yet 
that  watcher  not  know  that  he  was  suffering  from  a  chill  un- 
til the  sick  man  was  discovered  dying  ?  The  papers  seem  to 
suppose  that,  if  a  cord  were  used  there  in  any  manner  for 
the  purpose  of  hanging  Col.  Dwight,  after  he  was  dead  he 
must  have  come  to  life,  and  taken  the  rope  off  and  destroyed 
it.  The  theory  of  Dr.  Swinburne  is  fast  gaining  ground  as 
the  correct  one,  that  the  gelsemium  produced  the  congestive 
chills  described  in  the  case  of  Dwight." 

In  reference  to  the  exhumation  Sind  post-mortem,  the  "  New- 
Yoik  Herald's"  correspondent  said, — 

"  While  the  doctors  were  gazing  uninterestedly  at  the 
corpse,  Dr.  Swinburne  approached  the  head,  and,  pointing 
with  his  finger  at  the  neck,  said,  'I  wish  you  to  take  notice 
of  that  indentation  around  the  neck  :  it  is  very  peculiar.  You 
see  here  it  is  deep,  and  it  runs  at  an  angle  of  about  forty-five 
degrees.'  Dr.  Burr  ran  his  finger  in  the  furrow,  and  said, 
'  Yes,  there  is  an  indentation,  and  it  runs  around  to  the  back 
of  the  neck.'  Dr.  Bridges,  one  of  the  medical  experts,  wrote 
the  folhnving  description :  '  An  indentation  of  the  neck  well 
marked ;  left  side,  beginning  over  hyoid  bone,  extending 
at  angle  of  forty-five  degrees  to  back  of  neck;  right  side,  ex- 


MEDICAL   .JllUISPRUDENCE.  225 

tending  as  contiiuiatioii  of  tliis,  a  little  lower  down  ;  looks  as 
though  made  by  a  clothes-line;  indentation  one-eighth  to  one- 
quarter  of  an  inch  deep,  and  one-fourth  to  one-half  an  inch 
wide.' 

"  Dr.  Swinhui'iie  said  he  desired  a  plaster  cast  of  the  neck. 
The  coroner  ])erniitLed  this  to  he  done,  and  an  excellent  rep- 
resentation of  tiie  fui'row  was  obtained.  The  '  Herald  '  repre- 
sentative inquired  of  several  doctors  j)resent  what  was  the 
theory  of  the  men  who  brought  about  these  proceedings. 
They  replied  that  the  evidence  pointed  to  the  fact  that  Col. 
Dwight  either  hanged  himself  or  was  strangled  to  death. 
They  expect  that  the  plaster  cast,  in  connection  with  the  facta 
adduced  at  the  autopsy,  will  establish  this.  Tlie  '  indenta- 
tion '  alluded  to  is  very  apparent,  and  looks  as  if  it  had  been 
made  with  a  rope.  It  seems  strange  that  the  fifteen  doctors 
who  made  the  autopsy  should  have  paid  so  little  attention  to 
this,  which  is  apparently  of  such  vast  importance  now.  Wax 
impressions  of  the  teeth  were  taken,  a  portion  of  the  spinal 
marrow  removed,  and  the  old  wound  in  the  left  tiiigh  ex- 
plored. The  body  was  then,  in  its  terribly  mutilated  con- 
dition, returned  to  the  casket,  and  the  coroner  adjourned  the 
inquest. 

"  Dr.  Swinburne  said  to  a  reporter,  '  This  inquest  has  only 
confirmed  what  I  saw  before  at  the  autopsy.  There  was  every 
evidence  that  the  man  died  from  asphyxia.  His  lungs  were 
full  of  blood,  and  his  heart  was  nearlv  empty.  Tliis  fact 
shows  that  the  air  was  shut  off  from  the  lungs  before  the  man 
died;  and  the  heart,  as  in  cases  of  suicidal  hanging,  continued 
its  action,  and  pumped  the  lungs  full.  His  doctors  said  that 
Dwight  died  of  congestive  chills.  There  is  not  a  case  re- 
corded in  which  death  has  occurred  from  congestive  chills  in 
this  latitude.  Besides,  the  phj'sicians  reported  on  the  day  he 
died  that  his  pulse  was  normal,  and  that  no  fever  existed. 
Dr.  Delafield  gave  it  as  his  opinion  that  Dwight  died  of 
paralysis  of  the  heart.  The  autopsy  showed  that  the  heart 
was  nearly  empty.  If  the  heart  had  been  paralyzed,  it  would 
have  been  normally  full  of  blood.  Instead  of  that,  it  con- 
tained but  little  fluid  blood.  My  belief  is,  and  this  inquest 
will  show,  that  Col.  Dwight  came  to  his  death  by  asphyxia. 
If  this  inquest  is  fairly  conducted,  and  the  coroner  permits  a 
full  inquiry,  this  fact  will  be  demonstrated.' " 

The  case  is  still  in  litigation  before  the  courts ;  the  lega- 
tees of  Dwight  simply  proving  death,  and  throwing  the  bur- 
den of  proving  cause  on  the  insurance  companies. 


CHAPTER   XV. 

PRAISED   AND    SLANDERED, 

A  Brigadier-General  and  Baltimore  Editor. —Driving  the  Surgeons  with  a 
Cocked  Pistol.  —  Master  of  Surgery.  —  None  More  "Worthy  a  Soldier's  Grat- 
itude.—  What  Senator  McArthur  knew.  — Bloodiest  Pictures  in  the  Book. — 
Blood-stained  Hands.  —  Base  Libels  and  a  Pseudo-Reformer. 

In  civil  life  Dr.  Swinburne  was  as  outspoken  in  condemning 
corruption  in  local,  state,  or  national  government  as  in  mili- 
tary ;  and  having  the  entire  confidence  of  his  fellow-citizens, 
they  looked  to  him  as  the  physician  and  surgeon  who  would 
cure  their  political  ills,  and  apply  the  knife'  to  the  rottenness 
that  was  infecting  the  whole  body«  politic,  and  rout  out  the 
disordered  members.  Of  course,  this  invoked  the  hatred  of 
his  enemies,  and  involved  the  doctor  in  some  lively  controver- 
sies, in  which  he  rose  still  higher  in  the  minds  of  the  people, 
and  brought  to  his  support  many  of  his  old  comrades  in  the 
civil  war,  who  were  ready  to  defend  him  against  his  calum- 
niators. From  all  parts  of  the  State  came  letters  praising 
the  patriotic  doctor. 

John  Meredith  Read,  formerly  United-States  consul-gener- 
al to  France  and  Algeria,  and  acting  German  consul-general, 
and  for  six  years  United-States  minister  to  Greece,  writes 
under  date  of  March  last  (1885),  to  a  friend, — 

"  Dear  Sir,  —  You  have  referred  to  my  services  as  con- 
sul-general of  the  United  States,  and  acting  German  con- 
sul-general in  France,  during  the  Franco-German  war,  and 
particularly  to  the  period  when  I  was  shut  up  iu  Paris  dur- 
ing the  siege  and  the  commune. 

"  Among  my  most  interesting  recollections  of  the  siege  are 
those  connected  with  the  American  ambulance,  and  espe- 
cially with  its  distinguished  head,  Dr.  John  Swinburne,  who 
in  genius,  common  sense,  executive  talents,  and  the  practical 
success  of  his  theories,  surpassed  the  greatest  surgical  lights 


PRAISED    AND   SLANDERED.  227 

assembled  in  the  b(3leapfuere(l  cupiLiil.  Dr.  Swinburne  at  that 
time  revohitiunized  sur^^ery  ii\  l^'i-anue  to  such  a  (le.;ree,  that 
the  maimed  and  wounded  French  oflicer.s  and  soldiers  inva- 
riably befi^<^ed  to  be  carried  to  him  in  preference  to  their  own 
ambulances.  The  wounded  German  prisoners  were  erinally 
outs[)oken.  His  unpiiralUihKl  success  in  the  treatment  of  tiie 
most  dilTicult  and  dauq-erous  cases  ius[)ired  an  unwavering 
faith  in  his  judgment,  while  his  uniform  kindness  implanted 
an  affectionate  respect  in  the  hearts  of  the  distressed. 

"  Dr.  Swinburne's  work  in  Paris  placed  him  in  the  list  of 
international  benefactors.'' 

Le  Docteur  W.  S.  Mosetig,  prqfesseur  de  chirurgie  agr^gS 
d  la  facultS  de  Vienne  (^Autnche^,  and  who  was  in  charge, 
under  Baron  Larry,  of  the  Austrian  ambulance  in  Paris  dur- 
ing the  siege,  wrote  from  Vienna  to  Dr.  Swinburne,  as  the 
latter  was  about  to  leave  Paris,  — 

"I  thank  you  very  much  for  your  amiable  letter,  and  for 
your  kind  promise  of  sending  to  me  some  photographs  of 
several  interesting  cases  of  your  ambulance  in  Paris.  I  will 
accept  them  with  the  greatest  pleasure.  As  I  do  not  know 
our  consul  in  Milan,  I  beg  you  to  send  directly  by  the  post 
the  photographs,  to  the  care  of  my  address.  I  mentioned 
your  model  ambulance  in  my  general  report,  and  will  espe- 
cially write  of  your  excellent  surgery. 

"  I  am  sorry  j^ou  are  not  passing  Vienna.  Be  so  kind  as  to 
accept,  with  my  friendly  compliments,  my  photograph  as  a 
token  of  mine,  and  as  a  remembrance  of  the  good  time  we 
passed  last  winter  in  Paris. 

"  Excuse  my  bad  writing,  and  be  assured  of  my  greatest 
esteem." 

On  a  visit  to  the  American  ambulance,  Professor  Mustig 
■wrote  on  the  register,  "We  have  the  best  ambulance  in  Paris, 
but  3-ours  is  better  than  ours." 

Before  leaving  Paris,  Dr.  Swinburne  applied  to  J.  Marion 
Sims  for  letters  of  introduction  to  some  of  the  leading  physi- 
cians and  surgeons  of  England.  Dr.  Sims,  who  inaugurated 
the  Woman's  Hospital  in  New  York,  of  whom  the  American 
profession  may  justly  feel  proud,  had  by  his  skill,  and  the 
practice  of  the  same  conservative  surgerj"  practised  by  Dr. 
Swinburne  prior  to  the  war,  won  a  place  among  the  highest 


228  A   TYPICAL   AMERICAN. 

in  his  profession  in  Europe.  He  replied,  "  You  require  no 
introductor}''  letters  in  Europe,  your  fame  is  too  well  known  : 
all  that  is  required  is  to  announce  your  name,  and  you  will 
be  gladly  received."  He,  however,  gave  him  letters,  as  re- 
quested, the  substance  of  a  few  of  which  is  appended.  He 
wrote,  — 

"To  Sir  Henry  Thompson. 

"This  will  introduce  my  friend,  Dr.  John  Swinburne  of 
New  York,  late  surgeon-in- chief  of  the  American  ambulance 
at  Paris,  and  one  of  our  most  distinguished  surgeons.  I  hope 
you  will  be  able  to  show  him  sometlxing  of  your  marvellous 
operations." 

"To  Spencer  Wells. 

"This  will  introduce  my  friend,  Dr.  John  Swinburne  of 
New  York.  No  man  in  America  stands  higher  as  a  surgeon. 
He  was  in  Paris  during  the  siege  as  surgeon-in-chief  of  the 
American  ambulance,  where  he  rendered,  as  you  well  know, 
great  service.  I  hope  you  will  have  something  to  show  him 
during  his  brief  sojourn  in  London." 

"To  Barnard  Holt. 

"Allow  me  to  introduce  my  friend.  Dr.  Swinburne  of  New 
York,  one  of  our  most  eminent  surgeons,  and  lately  surgeon- 
in-chief  of  the  American  ambulance  in  Paris.  I  am  sure  it 
will  give  you  plea>ure  to  show  the  doctor  some  of  your 
peculiar  ojDeratious  during  his  short  stay  in  London." 

"  To  Earnest  Hart. 

"Of  course,  you  know  all  about  my  friend,  Dr.  Swinburne, 
lately  suigeon-in-chief  of  the  American  ambulance,  and  one 
of  the  most  distinguished  surgeons  in  Paris.  He  will  remain, 
perhaps,  a  month  in  London.  Let  me  beg  you  as  a  personal 
favor  to  place  the  doctor  in  proper  relations  with  such  of  our 
brethren  as  he  would  like  to  meet." 

Dr.  Sims  was  the  only  other  surgeon  engaged  in  the  war, 
besides  Dr.  Swinburne,  on  whom  the  French  Government 
conferred  the  distinction  of  knight  of  the  Legion  of  Honor. 
In  1876,  four  years  after  Dr.  Swinburne's  return  to  Albany 
from  Europe,  he  had  a  controversy  with  the  faculty  of  the 
Albany  Medical  College  because  of  his  charging  malpractice 
in  a  case  attended  by  one  of  the  faculty,  which  resulted  in 


PRAISKI)   AND   SLANDERED.  229 

the  abolishing  of  liis  (iliiiii-  in  tho  re-organizafion.  Tlie  rcfiort 
of  this  act  reached  Europe;  and  koom  after  he  was  invited, 
throiigli  Dr.  Sims,  to  go  to  London  and  teach  the  surgeons  of 
that  scientific  metropolis  of  the  worhl  how  to  treat  injuries. 
Two  colhfges  in  New  York  tendered  him  chairs,  and  he  was 
also  invited  to  New  York  to  treat  fractures  in  St.  Vincent's 
Hospital.  The  Englisli  surgeons  in  this  instance  were  like 
the  English  judge,  who,  on  hearing  one  of  the  bar  before  him 
cite  the  opiiuons  of  an  American  jurist,  the  late  Charles 
Sumner,  interrupted  the  counsellor  to  ask  if  tliat  was  the  Mr. 
Sumner  who  had  visitad  this  country  (England).  On  being 
answered  in  the  affirmative,  the  judge  added,  "We  will 
think  none  the  less  of  the  opinion  because  we  have  seen  and 
know  the  man." 

Without  question,  the  highest  compliment  ever  paid  to 
the  skill  of  any  American  surgeon,  and  to  his  ennobling  char- 
acteristics as  a  man,  is  contained  in  a  letter  from  Felix  Agnus, 
late  brigadier-general,  and  now  editor  of  the  "  Baltimore 
American,"  written  to  a  gentleman  in  Albany.     He  says, — 

"It  was  the  close  of  the  day,  June  27,  1862,  and  the  sec- 
ond day  of  the  seven-days'  fight  before  Richmond.  The 
fight  had  been  hotly  contested  at  Gaines's  ]Mills  witli  terrible 
effect  to  our  arms.  My  regiment,  the  fifth  IS'ew-York 
(Duryea  Zouaves),  as  history  shows,  shared  the  brunt  of  the 
many  charges  and  counter-charges.  Near  evening  I  was  hit 
by  a  rebel  sharp-shooter,  the  ball  entering  my  right  breast, 
ricochetting  to  the  right  shoulder,  which  it  completeh'  shat- 
tered. As  a  consequence,  I  was  entirely  disabled.  Com- 
rades carried  me  from  the  field  to  the  hospital  at  Savage 
Station,  where  already  the  dead  and  dying  were  forming  a 
large  army.  I  was  handled  as  tenderly  as  was  possible  under 
the  circumstances,  and  placed  in  a  tent  with  other  officers  of 
my  regiment.  The  comrade  to  my  left  was  dead,  and  the 
one  to  my  right  was  slowly  breathing  his  last.  The  terrible 
sight,  together  with  the  recollection  of  the  fight,  the  recent 
death  of  so  many  valued  friends,  and  the  realization  of  my 
own  almost  mortal  wound,  made  me  feel  that  m}*  end  was 
near  at  hand.  I  was  scarcely  twenty-one,  but  had  risen  from 
the  ranks  to  the  position  of  lieutenant  in  a  little  more  than  a 
year.  I  was  proud  of  my  profession,  and,  Avith  the  feelings 
natural  to  a  young  officer  in  those  stirring  times,  I  felt  that 
if  I  must  die,  I  would  hope  to  do  so  with  my  clothes  on. 


230  A   TYPICAL   AMERTCAN. 

"  While  brooding  over  my  situation,  a  young  and  inexpe- 
rienced assistant  surgeon  came  to  examine  my  wound.  He 
did  so  very  carefully.  He  then  asked  if  I  had  any  friends 
to  communicate  witli.  I  at  once  inferred  that  the  case  was 
hopeless.  1  dictated  a  letter  to  the  dear  ones  at  home,  and 
then  begged  and  pleaded  that  my  arm  should  not  be  cut  off, 
feeling  sure  that  if  it  was  done  my  life  was  lost.  He  disre- 
garded my  request.  Other  young  students  gathered  around, 
and  they  all  agreed  that  the  case  was  too  good  a  one  to  fore- 
go the  operation.  Weak  as  I  was,  the  thought  of  my  body 
being  used  to  practise  upon,  moved  me  to  desperation  ;  and 
when  they  returned,  with  their  instruments  and  assistants,  to 
sever  the  much-valued  arm,  a  pistol  was  pointed  at  them  with 
the  warning  that  they  had  better  keep  away  if  they  valued 
their  lives.  I  well  remember  with  what  haste  they  vacated 
the  tent;  for  they  saw  that  the  hammer  was  cocked,  and  that 
I  was  terribly  in  earnest.  I  have  never  regretted  my  action, 
for  it  proved  the  saving  of  my  life.  I  was  at  once  reported 
to  the  medical  director,  who  proved  to  be  none  other  than 
your  worthy  and  distinguished  fellow-citizen.  Dr.  John  Swin- 
burne. He  came  to  me  in  a  kindly  and  cheerful  manner,  and 
assured  me  that  no  harm  should  be  done.  He  examined  my 
wound,  and  assured  me  that  he  could  save  my  arm  and  my  life. 
I  could  not  mistrust  his  honest  face,  and  I  at  once  placed  my- 
self under  his  care.  That  night,  by  candle-light,  one  of  the 
most  skilful  operations  ever  performed,  up  to  that  time,  was 
successfully  perfoi-med  on  me.  Dr.  Swinburne,  after  making 
a  cross-like  incision  of  from  six  to  eight  inches  long,  and 
after  turning  the  flesh  over,  cai'efully  sawed  off  my  entire 
right-shoulder  joint  and  about  four  inches  of  the  right-arm 
bone,  leaving  nothing  but  the  muscle.  His  prediction  came 
true.  I  recovered,  and  to-day  I  feel  that  I  owe  my  life  and 
my  arm,  which  is  still  sound  and  useful,  to  this  master  of 
surgery. 

"  From  this  time  began  my  acquaintance  with  a  man  who 
not  only  showed  his  great  eminence  in  a  great  profession, 
but  whom  I,  as  well  as  every  other  soldier  who  knew  him, 
have  held  in  the  highest  admiration  for  his  many  noble  quali- 
ties of  head  and  heart.  During  my  convalescence  of  four 
months,  I  grew  to  know  him  well,  and  there  is  no  one  I  ever 
met  during  the  whole  war  whom  I  consider  more  worthy  of 
a  soldier's  gratitude  and  esteem.  He  is  every  inch  a  man, 
and  ins  work  in  the  brave  struggle  of  brave  men  for  the 
preservation  of  the  Union  entitles  him  to  every  iota  of  credit 
and  honor  and  heroism  that  soldiers  win  who  carry  the 
musket  and  wield  the  sabre. 


I'RAISKI)    AND    SLANDKRBD.  231 

"To  sliow  you  the  vi^or  and  power  of  that  same  arm,  I 
subscribe  myself, 

Yours  very  truly, 

FELIX  AGNUS, 

Late  Brigadier- General  U.S.V. 

The  chirography  of  this  letter  is  in  an  off-hand  style;  and 
if  it  were  equalled  by  one-tenth  the  editorial  writers  of  the 
press,  it  would  bring  joy,  if  not  to  the  angels  of  heaven, 
to  the  newspaper  printers  in  the  upper  floors  of  our  daily 
newspaper-press  establishments. 

Of  a  case  somewhat  similar  to  this  one  quoted,  the  gentle- 
man upon  whom  the  operation  Avas  performed,  in  grateful 
remembrance,  wrote  several  years  afterwards  to  Dr.  Swin- 
burne from  Batavia,  N.Y.,  as  follows  :  — 

Dr.  Swinburne,  Albany,  N.Y. 

Dear  Sir, — It  has  been  many  years  since  we  met;  and 
time,  which  makes  so  man}^  changes,  has  perhaps  driven  me 
from  your  memory,  but  I  have  reason  to  remember  you.  I 
left  the  army  in  1870,  and  entered  the  Medical  College  at 
Washington,  and  am  now  one  of  the  knights  of  the  scalpel, 
plying  my  vocation  upon  any  miserable  sinner  who  may 
favor  me  with  a  call.  I  am  now  visiting  my  good  mother  at 
this  place,  and  shall  remain  until  after  the  election,  when  1 
shall  return  to  Washington.  Should  you  still  be  residing  in 
Albany,  and  would  care  to  see  one  of  3'our  first  "  conserva- 
tive surgical"  patients,  will  do  myself  the  honor  to  call  on 
my  way  to  New  York,  en  route  for  Washington.  I  don't 
think  you  would  know  me,  for  ten  years  has  made  a  great 
change.  I  think  I  would  recognize  both  yourself  and  Mrs. 
Swinburne,  notwithstanding  our  short  acquaintance. 

Very  respectfully, 

CHARLES   F.    RAXD, 
Late  Company  K,  Twdfih  Ecijiment  New-York  Volunteers, 

icith  a  rejection  of  head  of  humerus. 

Ex-Senator  MacArthur  of  Rensselaer  County,  who  was  a 
brigade  quartermaster  during  the  war,  and  was  at  Savage 
Station  at  the  time  of  the  retreat,  and  who  has  watched 
with  interest  the  course  of  Dr.  Swinburne  since  that  time, 
gave  a  xevy  interesting  history  of  the  scenes  he  there  w4t- 


232  A   TYPICAL  AMERICAN. 

iiessed,and  also  a  cutting  satire  on  the  course  pursued  by 
some  of  the  "stays-at-home,"  in  an  article  published  in  the 
Troy  "  Budget,"  of  which  he  is  editor  and  proprietor,  on 
April  6,  188-1:.  The  senator,  in  that  article,  said,  under  the 
head  of  "  What  we  know  of  Mayor  Swinburne,"  — 

"  When  McClellan  was  fighting  his  men  in  front  of  Rich- 
mond, there  was  a  call  for  volunteer  surgeons  from  the  North 
to  assist  the  medical  corps,  which  had  been  overworked  night 
and  day  with  attending  the  victims  of  Chickahominy  fever 
and  rebel  bullets,  and  which  corps  was  not  sufficiently  strong 
to  minister  to  the  needs  of  the  local  sick  and  wounded  sol- 
diers. Dui'ing  the  night  which  closed  over  the  last  day's 
fight  at  Fair  Oaks,  the  Avriter  hereof,  who  was  flat  on  his 
back  with  Chickahominy  fever,  received  an  order  to  have  the 
wagons  of  the  command  under  which  he  served  loaded  that 
night  with  ammunition,  rations  for  the  soldiers,  and  forage 
for  the  horses  ;  to  burn  all  the  tents  and  other  quartermaster's 
stores  and  property  in  his  charge  ;  and  to  take  his  wagon- 
train  at  once  to  the  James  River  with  all  possible  speed,  and 
to  there  await  further  orders.  With  the  bulk  of  the  enemy 
in  front,  the  dreaded  Stonewall  Jackson  was  menacing,  on  the 
north,  McClellan's  right  flank.  The  writer  hereof,  not  hav- 
ing eaten  any  thing  for  two  or  three  days,  findiijg  it  impossi- 
ble to  keep  any  thing  on  his  stomach,  in  the  early  gray  of 
the  morning  went  over  to  the  headquarters  of  the  medical 
corps  to  see  Dr.  Swinburne,  who  had  come  at  the  call  of  his 
country  as  a  volunteer  surgeon  while  one  of  the  F'air-Oaks  bat- 
tles was  raging.  Arriving  at  the  plateau  near  the  railroad- 
station,  where  the  medical  corps  was  stationed,  the  awful 
sight  that  met  his  eyes  was  one  of  the  'bloodiest  pictures  in 
the  book'  of  battles  ever  beheld.  There  were  one  or  two 
acres  of  ground  covered  with  surgeons'  tables,  on  which  the 
surgeons  had  been  operating  all  through  the  night  on  the 
wounded  of  the  Union  army  who  had  been  stricken  down 
in  the  last  and  most  destructive  battle  of  the  conflict  of  Fair 
Oaks,  fought  on  the  day  previous,  the  result  of  which  was 
disastious  to  McClellan's  army,  and  which  led  to  his  '  change 
of  base,'  and  retreat  to  the  James  River.  The  canvas  flies  of 
wall-tents  had  been  stretched  over  the  operating-tables ;  but 
the  sides  and  ends  of  the  tables  were  open,  with  no  barrier 
between  them  and  the  open  air.  The  tables  had  been  lighted 
with  candles,  lanterns,  and  torches,  rudely  improvised  to  light 
the  bloody  work  which  the  surgeons  had  in  hand.     Many 


PRALSKI)    AND   .SLANDERED.  233 

of  llieso  liglils  wcro  still  flicikerinjr  in  (Ik-  early  ^ray  of  that 
lnol•lliIlt,^  TIkj  surgeons  had  heen  operating  on  th(!  wounded 
all  through  that  dreadful  night.  As  fast  as  the  wouiuh-d, 
who  were  eonstaiitly  being  brought  in,  left  ihe  hands  of  the 
surgeon,  if  they  were  not  in  imminent  danger  of  .soon  dying, 
they  were  conve^'ed  on  stretchers  to  platlorm-cars  near  by, 
and  went  by  railroad  to  the  While  House,  on  the  Paniunkey 
River,  thence  to  be  conveyed  to  Washington  hospitals.  Such 
as  could  not  be  thus  moved  were  put  in  hospital  tents  near 
by,  and  cared  for  as  best  they  could  be  under  the  circum- 
stances. All  night  long  the  surgeons  were  at  work  with  the 
wounded  on  each  of  these  one  or  two  of  the  operating-tables, 
and  all  night  long  the  trains  of  platform-cars  were  run  to 
the  White  House  with  their  freights  of  wounded  and  main)ed 
soldiers.  Many  a  poor  fellow,  minus  an  arm  or  a  leg,  was 
carried  off  by  the  wounded  train  during  the  night,  among 
them  Capt.  Arts  of  the  Second  New-Yoik  Volunteers,  with 
one  leg  off,  and  how  many  more  Troy  soldiers  we  don't  know. 
On,  about,  and  under  the  operating-tables  that  morning  were 
leii's  and  arms,  amputated  during  the  night,  and  bits  of  flesh, 
and  ensanguined  garments,  pools  of  human  blood  being  ab- 
sorbed in  the  earth;  and  the  taldes  were  gory  red  with  the 
life-streams  from  loyal  wounded  soldiers.  The  scene  was 
ghastly,  sickening,  and  horrid  beyond  description.  That 
plateau  had  all  the  appearances  of  a  vast  human  slaughter- 
house, where  soldiers  had  been  dismembered  of  their  limbs, 
or  cut  up  piecemeal,  as  if  in  a  butcher's  shop.  When  Dr. 
Swinburne  was  found,  he  was  washing  his  blood-stained 
hands  after  an  all-night's  work  at  the  surgeon's  table.  He  gave 
the  writer  some  medicine  to  keep  him  up  until  he  could  take 
the  wagon-train  to  the  James  River,  spoke  words  of  cheer 
and  encouragement,  and,  as  the  Union  army  was  to  abandon 
Fair  Oaks  and  retreat  down  the  peninsula,  he  said  he  pro- 
posed not  to  desert  the  wounded  who  remained  there,  and  had 
not  been  carried  to  the  White  House,  but  to  stay,  to  be  taken 
prisoner  by  the  Rebels,  and  to  do  whatever  he  could  to  min- 
ister to  the  wants  and  needs  of  the  wounded.  He  said  this 
Avould  b3  at  great  sacrifice  to  his  private  interests  at  home, 
but  that  he  could  not  bear  to  hand  these  poor  wounded 
Union  soldiers  to  the  'tender  mercies'  and  care  of  Rebel 
surgeons,  with  no  friendly  person  left  to  minister  to  their 
wants  in  the  dreadful  circumstances  under  which  the  ill  for- 
tunes of  war  had  placed  them.  And  he  did  stay  by  them, 
was  taken  prisoner,  was  conveyed  with  the  wounded  to  Rich- 
mond, and  never  deserted  or  abandoned  them  until    every 


234  A   TYPICAL    AMERICAN. 

man  of  them  was  provided  for,  with  as  comfortable  ease  and 
medical  and  hospital  attendance  as  could  possibly  be  obtained, 
under  the  circumstances,  from  the  Rebel  authorities.  If  we 
remember  rightl}',  he  was  assigned  as  the  surgeon  having  the 
chief  charge  of  these  wounded  Union  y)risoners.  Whether 
he  was  allowed  to  return  through  the  Union  lines  when  his 
mission  was  accomplished,  or  whether  he  was  held  as  a  pris- 
oner until  exchanged,  we  have  forgotten.  For  all  these 
patriotic  services.  Dr.  Swinburne  never  leceived,  if  he  ever 
received  any  pay,  any  thing  like  professional  compensation. 
At  most,  he  could  have  received  only  the  meagre  compensa- 
tion of  an  army  surgeon,  and  we  doubt  if  lie  ever  got  that. 

''  Dr.  Swinburne  is  now  the  Republican  and  people's  can- 
didate for  mayor  of  Albany.  He  was  elected  in  1882,  hut 
was  counted  out  in  favor  of  Nolan.  At  the  time,  all  the 
decenter  portion  of  Albany  was  greatly  indignant  over  the 
Nolan  swindle.  Lawyer  Hale  addressed  public  meetings, 
and  mouthed  indignant  sentiments  against  the  gross  frauds 
b}^  which  Swinburne  was  cheated  out  of  his  office  of  mayor. 
According  to  the  '  Express,'  he  and  others  '  were  profuse  in 
their  tender  services  to  bring  about  a  correction  of  the  abuses 
of  which  they,  and  good  citizens  generally,  complained.  One 
lawyer  (Hale)  now  presents  a  bill  of  nearly  8i,000,  which 
he  asks  the  doctor  to  pay.  Another  modestly  requests  the 
doctor  to  hand  him  over  $1,500.'     The  'Express'  says, — 

"  '  It  is  a  pretty  hard  thing  to  ask  a  man  to  pay  out  in  lawyers'  fees 
and  conts,  in  an  action  brought  to  preserve  his  own  and  the  people's 
rights,  pretty  nearly  double  the  sum  he  receives  for  salaiy  for  the  full 
term  of  the  office  when  it  is  finally  awarded  to  him  by  the  courts.  It 
must  require  "  cheek,"  to  say  the  least,  for  a  lawyer  who  engages  in  a  case 
of  this  nature  from  alleged  patriotic  motives,  to  send  in  a  bill  for  liis 
"services"  amounting  to  more  than  a  year's  salary  of  the  office  finally 
awarded  to  the  plaintitf .' 

"Hale  got  judgment  for  his  14,000  fees;  but,  as  Swin- 
burne's finances  are  not  in  a  flourishing  condition,  he  couldn't 
pay.  Now  just  on  tlie  eve  of  the  election.  Hale  has  from 
time  to  time  been  annoying  and  pulling  up  Swinburne  on 
supplementary  proceeding,  with  the  'Argus'  on  hand  to  take 
notes  and  publish  every  thing  that  could  be  construed  into  a 
meanness  or  humiliation  against  Swinburne.  The  '  Argus,' 
with  the  facilities  thus  afforded  by  Hale,  has  gathered  hints 
by  which  it  is  enabled  to  taunt  Swinhurne  with  being  '  an 
arrant  debt-dodger,'  and  as  a  man  who  'would  jump  into  the 
assigned  carriage,  crack  the  pawned  whip,  and  start  up  the 


PRAISED    AND   Sf^ANDICIlKD.  235 

hypothecated  horses,  to  go  tlirougli  the  same  performances 
elsewhere.'  If  tliere  ever  has  heen  any  thing  meaner,  viler, 
or  more  des])ical)le,  done  in  a  political  canvass  than  the  parts 
being  enacted  by  Lawyer  Hale,  who  claims  to  be  a  Republi- 
can, and  by  thi;  '  Argus,'  we  have  in^vor  heard  of  it.  A  pool 
of  -f -10, 000,  of  whi(;ii  the  Democratic  candidate  for  mayor  is 
said  to  furnisli  't8,000,  is  reported  to  have  been  raised  to  beat 
Swinburne.  While  during  the  war  the  patriotic  Matthew 
Hale  remained  vigorously  at  home  in  Essex  County,  Dr. 
Swinburne  was  volunteering,  and  taking  chances  of  losing 
his  life,  as  we  have  shown  above,  and  he  wasn't  charging 
.fi,000  for  'volunteer'  services  either.  The  careers  of  the 
two  men  are  in  striking  contrast;  and  their  different  lecords 
since  the  war  are  in  equally  striking  contrast.  Dr.  Swinburne 
has  been  maintaining,  at  his  own  expense,  a  medical  dispen- 
sary at  a  great  cost,  where  all  the  poor  who  were  unable  to 
pay  were  furnished  with  medical  treatment  and  medicines 
without  cost.  During  all  this  time  Lawyer  Hale's  [)rincipal 
benevolent  and  patriotic  endeavors  ap])ear  to  have  been  in 
the  direction  of  piling  up  $4,000  fee-bills  against  clients. 
Quite  a  difference  I 

"Every  soldier  voter,  every  patriotic  citizen,  and  every 
lover  of  fair  play,  in  Albany,  it  seems  to  us,  ought  to  support, 
under  the  above  circumstances,  Dr.  Swinburne  for  mayor,  for 
patriotic  reasons  as  well  as  to  rebuke  those  wdio  taunt  a 
public  benefactor  with  his  poverty." 

At  the  time  Dr.  Swinburne  tendered  his  services  to  Gov. 
Morgan  as  a  volunteer  sui'geon,  and  received  his  commission, 
he  was  possessed  of  considerable  property,  and,  through  a 
large  growing  and  lucrative  practice,  was  on  the  road  to  a  for- 
tune. In  relinquishing  these  comforts  and  inviting  prospects, 
he  understood  the  dangers  that  were  to  surround  him  :  that  he 
was  not  going  as  a  pleasure-seeker,  but  into  the  jaws  of  death  ; 
and  to  provide  against  any  unnecessary  litigation  or  disputes 
before  a  surrogate  or  in  a  court  of  equity,  in  case  of  his  death, 
he  tiansferred  all  his  property,  unembarrassed  by  any  finan- 
cial claims,  to  his  wife,  and  children  of  tender  age.  Recently, 
however,  the  "  Albany  Argus,"  a  paper  that  persisted  in 
declaring  the  unholy  war  a  failure  when  the  doctor  was  at 
the  front,  charged  that  the  property  was  transferred  to  avoid 
the   payment   of   claims   against    him,  —  a  most    disgraceful 


236  A   TYPICAL   AMERICAN. 

libel,  and  without  any  foundation,  the  only  real  or  imagi- 
nary financial  claim  of  any  description  against  him  being 
the  one  now  under  trial.  This  is  made  by  a  pseudo-y-efoj-m- 
er,  jNIatthew  Hale,  a  lawyer  who  sues  to  recover  $4,000 
counsel-fees  for  services  in  a  quo  warranto  action  of  John 
Swinburne  against  Michael  Nolan  for  the  office  of  mayor 
of  the  city  of  Albany,  to  which  the  doctor  was  elected  in 
1882,  but  out  of  which  he  was  defrauded.  The  plaintiff  law- 
yer, at  the  time,  was  a  very  loud  and  apparently  enthusiastic 
Republican  reformer,  and  advocate  of  good  government,  and 
very  vehement  and  positive  in  denouncing  the  political  ring 
that  ruled  Albany,  and  was  afterwards  an  unsuccessful 
candidate  for  Supreme-Court  justice.  At  the  last  election 
he  was  a  Democratic  reformer,  working  with  the  ring  he  had 
so  denounced  as  corrupt.  Witnesses  swear  he  was  a  volun- 
teer lawyer  in  the  case ;  and  certain  it  is  he  received  no 
retaining-fee  as  counsel,  and  did  make  a  speech  at  an  indig- 
nation meeting,  outstripping  all  the  others  present  in  his  prot- 
estations of  the  sacrifices  he  was  ready  to  make  to  right  this 
terrible  wrong,  punish  fraud,  protect  the  purit}''  of  the  ballot- 
box,  and  vindicate  the  rights  of  the  people.  After  having 
failed  for  nearly  three-quarters  of  the  term  in  having  the  case 
brought  to  trial,  another  lawyer,  the  late  Henry  Smith,  suc- 
ceeded in  accomplishing  in  less  than  one  month  what  Hale 
failed  to  do  in  a. year  and  a  half,  but  for  which  services 
the  latter  demanded '14,000, — a  larger  sum  than  the  salary 
received  by  Dr.  Swinburne  as  mayor.  On  this  is  based 
the  only  charge  the  enemies  of  good  government  were  able 
to  advance  against  this  loyal  citizen  in  the  last  congressional 
campaign. 

While  Dr.  Swinburne  was  health-officer  of  the  port  of 
New  York,  his  arrangements  somewhat  interfered  with  the 
exclusive  privileges  of  the  "  New- York  Herald  "  in  gathering 
ship  news  ;  for  which  that  journal  became  very  indignant,  and, 
besides  resorting  to  rather  questionable  means  to  injure  the 
health-officer,  published  some  scurrilous  articles  on  his  admin- 
istration. These  schemes  the  doctor  soon  discovered  and 
frustrated  ;  and  the  "  Herald's  "  venom  was  expended  in  vain 


PRAISED    AND    sr;ANDKRKD.  237 

on  the  doctor,  and  ic-actod  on  tliat  joiinial.  An  article  in 
the  "  R()c]iest,er  Democrat,"  under  date  of  Aug.  20,  1808,  re- 
ferring to  tills  controvei'sy,  said,  — 

"Amid  the  various  sigjis  whi(;h  we  have  of  '  hanging  the 
"Herald,"  '  we  occasionally  sec  something  in  its  management 
which  looks  like  hanging  itself.  One  of  these  things  is  its 
attack  on  John  Swiidjurne,  health-officer  of  tliis  port.  Before 
the  '  Herald  '  began  its  attack,  it  would  have  done  well  to 
take  a  look  at  its  antagonist.'  Dr.  Swinburne  has  a  well-knit 
frame,  muscular,  and  full  of  strength  and  vitality :  he  is  a 
small  Hercules,  witli  a  pleasant  countenance,  but  one  so  full 
of  purpose  and  determination  that  its  sliglitest  frown  reveals 
the  unconquerable  will.  We  read  this  in  Swinburne  when  we 
first  saw  him,  many  years  ago,  and  time  has  only  strength- 
ened our  conviction.  He  came  to  Albany  a  young  physician 
from  St.  Lawrence  County,  without  friends  or  patronage,  but 
full  of  determination.  In  due  time  he  was  called  to  examine 
a  case  of  sudden  death.  A  woman  who  went  to  bed  well 
was  found  dead  in  bed  the  next  morning.  Before  retirinsT 
she  had  eaten  a  supj)er ;  but  the  next  morning  her  bowels 
were  empty.  The  bedroom  was  found  freshly  mopped,  and 
the  bed  in  decent  order.  Her  husband,  who  slept  with  her, 
said  she  died  in  the  night,  and  he  could  throw  no  light  on 
the  subject ;  while  his  parents.,  at  whose  house  the  couple 
were  living,  were  equally  unable  to  afford  information.  John 
Swinburne  immediately  saw  through  the  mj-stery.  The 
woman  had  been  poisoned  during  the  night  by  her  husband, 
and  the  parents  were  in  some  degree  cognizant  of  it ;  for  the 
cleansing  of  the  room  after  the  effect  of  the  poison  was  over 
proved  this.  The  husband  was  arrested  ;  and,  with  that  pecul- 
iar fatality  which  attends  guilt,  he  replied,  when  he  learned 
that  a  post-mortem  examination  was  to  be  held,  '  They  will 
find  no  arsenic  there.'  The  stomach  was  empty,  but  Swin- 
burne found  traces  of  aconite.  On  his  testimony  the  man 
was  indicted,  and  on  his  testimou}"  he  was  hanged.  A  fierce 
effort  was  made  by  the  defence  to  break  down  Swinburne's 
professional  character.  He  was  cross-examined  in  the  most 
bewildering  manner,  and  medical  testimony  was  brought  to 
bear  against  him  ;  but  the  lawyers  had  to  learn  a  new  lesson 
of  calm  determination  as  they  saw  John  Swinburne  ride 
through  the  storm.  It  was  a  conflict  in  which  his  reputa- 
tion, as  well  as  the  cause  of  justice,  were  at  st^ke  ;  and  he  tri- 
umphed. Such  was  the  famous  Hendrickson  case  :  and,  now 
that  it  is  past,  no  one  has  ever  uttered  a  doubt  of  the  guilt  of 


238  A   TYPICAL   AMERICAN. 

John  Hendrickson.  Had  he  been  matched  against  any  other 
surgeon,  he  might  have  escaped;  but  in  Swinburne's  hands  his 
doom  was  sealed.  Hendrickson  was  a  desperate  character, 
and  had  determined  to  get  rid  of  a  wife  whom  he  had  abused, 
and  whom  he  hated.  He  resolved  on  poison,  and  selected 
one  with  which  the  medical  faculty  is  not  generally  familiar. 
This  was  aconite.  The  trial  was  marked  by  a  wide  range  of 
false  sweari)ig  on  the  part  of  the  prisoner's  friends,  who  were 
important  witnesses,  inasmuch  as  the  woman  died  in  their 
house.  But  justice  penetrated  the  mystery  :  the  murderer 
was  hanged,  and  Swinburne  was  looked  on  as  a  new  power 
in  the  medical  world. 

"A  similar  case  occurred  subsequently  in  St.  Lawrence 
County.  A  brutal  husband,  who  had  been  long  notorious  for 
his  abuse  of  his  wife,  finished  his  crime  by  murdering  her  in 
a  manner  more  ingenious  even  than  by  poison.  He  choked 
the  woman  to  death,  and  then  placed  her  in  bed  and  cut  her 
throat,  giving  out  that  she  had  committed  suicide.  This  the- 
ory was  accepted  by  a  coroner's  jury;  but,  suspicion  being 
aroused,  the  theory  was  upset  by  Swinburne,  who  demon- 
strated its  impossibility  in  the  clearest  manner. 

"During  the  war.  Dr.  Swinburne  left  his  practice, and  volun- 
teered to  visit  Richmond  in  order  to  attend  to  the  sick  pris- 
oners from  the  Federal  armies,  —  a  service  in  which  several 
other  distinguished  surgeons  bore  part." 

The  most  appropriate  conclusion,  we  believe,  with  which 
to  close  this  chapter,  is  to  copy  an  editorial  article  from 
the  "Medical  and  Surgical  Reporter"  of  August,  1862,  as 
follows  :  — 

"It  will  be  remembered  that  Dr.  John  Swinburne  of 
Albany,  who  had  gone  to  the  peninsula  on  special  service, 
was  one  of  the  surgeons  who,  in  the  retreat  of  our  army 
from  before  Richmond,  remained  with  our  wounded.  He  was 
on  duty  ;  in  charge,  we  believe,  of  the  field  hospital  at  Sav- 
age Station.  A  great  many  of  the  wounded,  who  were  cap- 
tured by  the  insurgents,  and  who  were  exchanged  or  paroled, 
have  been  sent  to  the  hospitals  in  this  city  [Philadelphia]. 
They  uniformly  speak  of  Dr.  Swinburne,  and  of  the  other 
surgeons,  in  terms  of  the  greatest  admiration  and  respect  for 
their  noble  and  disinterested  devotion  to  their  welfare.  In  an 
especial  manner  they  have  commended  Dr.  Swinburne  for 
his  conservative  surger3^  One  man  exultingiy  showed  us  an 
arm,  which  he  declared  would  soon  be  as  good  as  ever,  and 


PRAISED   AND   SLANDERED.  239 

said,  '  If  it  liiid  iu)t  been  for  Dr.  Swinhurne,  I  would  have 
lost  tliat  arm,  and  yet  it  has  been  saved  in  sj)ite  of  Kiehnioiid 
prisons.'  Another  told  of  the  doetor's  indignation  when  he 
found  that  a  limb,  on  which  he  was  going  to  perform  the 
opeiation  of  resection  to  save  it,  had  l)een  amputated  by  a 
zealous  subordinate,  while  he  was  attending  to  jjiessing  duties 
elsewhere.  It  would  be  well  for  our  soldiers  if  Dr.  Swin- 
burne's conservative  ideas  were  more  prevalent  among  our 
army  surgeons." 


CHAPTER   XVI. 

THE   FIGHTING  DOCTOR. 

Professional  Men  in  Politics.  —  Ssvinlnirne  tlie  People's  Candidate. — Fraud 
and  Corruption.  —  Patriotic  Lawyers  and  a  Pseudo-Reformer.  — An  Indig- 
nant Populace.  — Democratic  Eulogy. —Healing  Tliousands.  — A  Long 
Contest  and  Victory  over  Corruption.  —  Four  Thousand  Dollars'  Worth  of 
Patriotism.  —  Dugal  Dalgety. 

The  assertion  of  the  politicians  when  speaking  of  the  fit- 
ness of  men  eminent  in  the  professions  for  political  positions, 
with  whom  they  do  not  agree  politically,  —  that  they  are  ex- 
cellent surgeons,  physicians,  or  theologians,  but  because  of 
their  education  and  training  are  not  adapted  to  manage  State 
affairs,  —  is  no  more  applicable  to  those  two  than  it  would 
be  to  the  profession  of  the  law  or  to  journalism.  While  Dr. 
Swinburne  was  mayor  of  the  city  of  Albany,  he  exhibited  a 
greater  knowledge  of  the  necessities  of  the  people,  and  a 
degree  of  executive  ability  far  superior  to  many  of  his  prede- 
cessors. On  this  question,  the  "  American  Medical  Times  " 
has  an  article  that  answers  fully  this  objection.     It  says,  — 

"  The  medical  profession  is,  for  the  most  part,  committed  to 
the  belief  that  its  duties  are  limited  to  the  healing  of  the  sick. 
If  a  physician  directs  special  attention  to  any  other  subject, 
he  is  regarded  as  departing  from  his  legitimate  duties,  and  in 
a  certain  degree  abandoning  his  profession.  A  known  de- 
votion to  any  branch  of  tlie  physical  sciences  or  to  literature 
is  most  damaging;  but  if  he  engage,  however  remotely,  in 
any  secular  business,  he  is  at  once  'read  out'  of  tlie  profes- 
sion. We  lately  heard  Professor  Simpson  of  Edinburgh  pro- 
nounced '  lost  to  the  profession '  by  a  half-score  of  medical 
gentlemen  because  he  had  addressed  his  class  of  medical 
students  on  their  religious  interests.  But  on  no  subject  is 
there  sucli  a  unanimous  opinion  in  the  profession  as  that  a 
medical  man  is  lost  if  lie  gives  his  attention  to  political 
questions.     Medical  and  political  science  are  regarded  as  so 


TiiK  Ki(;nTiN(;   doctor.  211 

entirely  iiiGoin])iitil)l(!,  tliut  tlu!  j)iiisiiil,  dF  one  is  thought  to 
disiiuiiliry  for  the  pursuit  of  the  other. 

"  Wo  i)elieve,  however,  that  ii  just  code  of  meflical  ethics 
would  conii)reheud  a  uuich  wider  fieUl  of  duties  than  is  gen- 
erally understood.  Jt  should  measure  the  competency  of 
physicians  on  all  questions  which  concern  humanity.  Man 
is  the  object  of  all  our  study:  all  his  interests  are  within  our 
scope  ;  every  thing  that  can  ameliorate  his  moi'al  as  well  as 
physical  condition  I'alls  within  our  domain.  Consequently 
medicine  is  one  of  the  tributaries  of  social  science  or  general 
politics.  Times  are  long  passed  when  we  were  confounded 
with  barbers  and  servants,  and  when  army  surgeons  or  phy- 
sicians were  considered  little  above  the  mercenaries  employed 
(),  la  suite  of  armies.  Ilemnants  of  the  humiliation  of  science 
in  bai'barous  times  can  still  be  traced  in  the  ordinances  of 
European  armies.  But  science  is  now  fast  dispelling  those 
clouds,  taking  a  high  and  most  influential  position  in  society 
and  in  the  State.  Tiie  question  which  we  wish  to  urge  is, 
Shall  that  influence  be  extended  at  all  times,  and  under  all 
circumstances,  for  the  advancement  of  man's  social  and  polit- 
ical as  well  as  })h_ysical  welfare? 

"  Virchow,  tlie  most  distinguished  representative  of  our 
profession,  the  leading  medical  mind  of  Europe,  is  a  member 
of  the  Prussian  Chamber  of  Deputies.  He  accepted  unhesi- 
tatingly an  election  by  the  people,  and  is  the  leader  of  the 
liberal  party.  He  has  not  forsaken  his  profession,  but  is  as 
much  absorbed  as  ever  in  his  histological  investigations.  The 
medical  sciences  have  not  lost  an  ardent  cultivator,  while  the 
cause  of  popular  liberty  and  of  human  rights  has  gained  an 
earnest  advocate.  Ndlaton,  the  distinguished  French  sur- 
geon, was  recently  offered  a  nomination  for  a  seat  in  the 
French  Parliament  by  the  working-classes,  but  he  declined 
the  honor.  He  alleges  in  justitication  of  his  conduct  that 
he  was  only  a  surgeon,  and  could  not  on  that  account  have 
legislative  abilities. 

"  No  liberal  mind  can  doubt  which  of  these  two  medical 
gentlemen  has  done  his  duty,  and  accepted  all  the  high  trusts 
which  have  been  committed  to  his  care,  whether  as  a  citizen 
or  a  medical  man.  Vircliow  is  adding  new  lustre  to  a  fame 
wdiicli  is  already  world-wide  and  of  dazzling  brilliancy.  His 
name  will  be  recorded  high  on  the  roll  of  those  legislators 
who  have  advanced  the  civil  and  political  interests  of  the 
people.  N(51aton  has  failed  to  prove  himself  endowed  with 
those  great  qualities  of  heart  which  distinguished  Virchow. 
In  declining  the  proffered  appointment  of  the  people,  he  al- 


242  A   TYPICAL  AMERICAN. 

lied  himself  with  the  aristocracy,  which  ignore  the  claims  of 
the  laboring  classes. 

"  We  rejoice  in  the  example  which  Virchow  has  placed 
before  the  profession  of  Europe,  and  trust  its  influence  will 
be  felt  in  the  United  States.  Here,  where  a  republican  form 
of  government  renders  even  the  humblest  talent  useful,  and 
gives  it  a  proper  weight  in  the  social  and  political  scale, 
medical  men  should  accept  official  })Ositions  of  trust.  We 
cannot  too  often  repeat  the  instructions  of  Rush:  'In  mod- 
ern times  and  in  free  governments,  the}^  (physicians)  should 
disdain  an  ignoble  silence  upon  public  subjects.'  The  Ameri- 
can Revolution  has  rescued  physics  from  its  former  slavish 
rank  in  society.  For  the  lionor  of  our  profession,  it  should 
be  recorded  that  some  of  the  most  intelligent  and  useful 
characters,  both  in  the  cabinet  and  in  the  field,  during  the 
late  war,  have  been  physicians." 

It  was  after  the  return  of  Nclaton  to  Paris  from  Italy, 
whither  he  had  gone  to  attend  to  the  wound  of  Garibaldi, 
that  the  working-men  of  Paris  tendered  him  the  nomination 
as  a  member  of  the  Chamber  of  Deputies,  which  he  declined 
on  the  ground  that  he  had  no  taste  for  politics.  They  sup- 
posed he  was  in  full  sympathy  with  the  people  in  every  effort 
to  better  their  condition.  Actuated  by  the  same  motives,  the 
people  of  the  city  of  Albany,  groaning  under  the  oppressive 
taxation  and  the  misrule  of  a  corrupt  and  heartless  ring,  saw 
in  the  great  surgeon  the  patriotic  and  fearless  citizen,  who 
had  in  every  instance  proved  his  devotion  to  the  masses  in 
his  aims  for  good  government  in  professional  and  political 
administration,  —  the  man  to  lead  the  hosts  against  the  lieart- 
less  and  intrenched  enemy.  In  1882  they  tendered  him,  as 
the  only  man  able  to  lead  them  to  victory,  the  nomination 
for  mayor  of  the  city  of  Albany.  He  had  no  taste  for  poli- 
tics ;  but,  on  the  persistent  pleading  of  the  people  that  he 
would  be  their  leader  out  of  the  dark  land  of  political  cor- 
ruption in  which  they  were  held,  he  accepted  for  their  sake, 
in  the  interest  of  good  government,  and  entered  into  the  con- 
test with  a  zeal  that  won  for  him  the  title  of  "  The  Fighting 
Doctor,"  —  an  honorable  distinction  he  has  honorably  boi'ue 
out,  not  as  a  ring  pugilist,  but  as  a  fearless  denunciator  of 
fraud  and  corruption.     The  election  resulted  in  a  triumph  for 


TFFI-:    FIGIITINC    [KXHOIt.  24'> 

the  peoi)le,  and  the  choice  of  tluiir  ciui(li(hite,  overcoming  tlio 
majorities  given  the  Democratic  candirhite  of  4,87G  in  1878, 
and  4,693  in  1880.  The  ring,  however,  were  up  to  their  ohl 
tricks,  connted  out  the  doctor,  and  gave  his  oppcMient,  Nolan, 
118  majority;  but  tlie  (h)ctor,  having  espoused  the  cause  of 
the  i^eople,  determined  the}^  should  have  their  rights.  A 
number  of  gentlemen  of  the  legal  profession,  and  others,  vol- 
unteered to  give  their  time  and  efforts  to  righting  tiie  wrong, 
and  punishing  the  fraud  perpetrators.  Among  the  legal  gen- 
tlemen were  N.  C.  Moak,  James  W.  Bentley,  W.  F.  Beutler, 
the  late  Hon.  Henry  Smith,  Andrew  S.  Draper,  Fitch  J. 
Swinburne,  Hamilton  Harris,  and  Matthew  Hale ;  the  latter, 
with  other  gentlemen,  at  a  public  indignation  meeting  imme- 
diately after  the  election,  making  speeches  denouncing  the 
fraud,  Mr.  Hale  offering  the  following  preamble  and  resolu- 
tions, which  were  unanimously  adopted  :  — 

Whereas  It  is  charged  that  an  organized  and  desperate 
effort  was  made  at  3'esterday's  election  in  this  city  to  defeat 
the  will  of  the  people  by  fraudulent  and  criminal  practices, 
including  illegal  voting,  bribery,  ballot-box  stuffing,  obstruct- 
ing hiwful  voters,  excluding  witnesses  from  the  polls,  false 
canvassing,  and  falsely  certifying  results;  and 

Whereas  It  is  further  charged  that  by  such  fraudulent 
and  criminal  practices  Michael  N.  Nolan,  who  was  defeated, 
was  falsely  made  to  appear  to  have  a  majority  over  John 
Swinburne,  who  was  lawfully  elected,  by  a  lai'ge  majority  of 
the  legal  votes  east  at  said  election,  to  the  office  of  mayor  of 
the  city  of  Albany  :  it  is 

Resolved  (1)  That  the  fraudulent  and  criminal  practices 
so  charged,  and  all  the  persons  guilty  of  the  same,  and  all 
persons  who  have  instigated,  connived  at,  excused,  or  justified 
the  perpetrators  of  such  offences,  deserve  and  should  receive 
the  detestation  and  denunciation  of  every  good  citizen,  of 
whatever  party,  and  the  severest  punishment  provided  for 
them  by  law ; 

(2)  That  to  permit  such  crimes  to  go  unpunished,  and  the 
person  or  persons  in  whose  interests  they  have  been  com- 
mitted to  retain  unmolested  the  offices  to  which  thev  have 
not  been  elected,  but  to  which  they  have,  b}'  the  aid  of  such 
frauds  and  felon}',  been  falsely  declared  to  be  entitled,  would 
be  to  renounce  popular  sovereignty,  and  to  submit  to  a  despot- 


244  A   TYPICAL   AINIERICAN. 

isni  all  the  more  galling  because  it  is  irresponsible,  and  assumes 
the  mask  of  democracy  ; 

(3)  That  such  charges  should  be  thoroughly  investigated 
in  appropriate  criminal  and  civil  proceedings,  to  be  instituted 
and  prosecuted  for  the  purpose,  to  the  end  that  the  legally- 
expressed  will  of  the  people  may  be  ascertained  and  enforced, 
and  that  the  guilty,  whether  high  or  low  in  position,  may  be 
punished  ; 

(4)  That  we  pledge  ourselves,  so  far  as  our  means  and  cir- 
cumstances may  permit,  to  contribute  our  time,  our  energies, 
and  our  money,  to  carry  out  the  spirit  of  these  resolutions,  to 
defeat  the  apparent  conspiracy  against  the  ballot-box,  to  vin- 
dicate the  will  of  the  people,  and  to  punish  those  guilty  of 
the  offences  charged,  which  are  the  greatest  possible  crimes 
against  a  free  government. 

The  resolutions  were  the  sentiments  of  the  people  of 
Albany,  represented  in  the  ten  thousand  gathered  at  the  indig- 
nation meeting.  The  esteem  of  the  masses,  and  the  confi- 
dence in  which  the  doctor  was  held  at  that  time,  were  no 
sudden  outgrowth,  but  had  taken  root  years  before,  and 
became  more  deep  and  intense  as  the  years  rolled  on.  In 
1872,  Ex-Speaker  Callicott,  editor  of  the  "Albany  Times," 
had  this  complimentary  notice  of  the  doctor  and  his  abili- 
ties :  — 

"  Dr.  John  Swinburne  was  born  in  Denmark,  Lewis  County, 
N.Y.,  in  1821.  His  father  was  a  large  farmei-  and  merchant, 
and  highly  respected  in  that  county.  His  star  of  progress 
began  in  the  cold  winds  of  envy  and  detraction,  and  wild 
storms  of  opposition  hedged  his  pathway.  But  Dr.  Swin- 
burne was  a  man  who  grew  the  taster  by  opposition.  The 
famous  Hendrickson  trial  brought  out  Dr.  Swinburne  in  a 
single-handed  fight  with  the  medical  profession.  The  oppo- 
sition was  long  and  persistent,  but  he  won  at  last ;  and  with 
success  came  fame  and  fortune.  Then  came  the  Budge  trial 
and  its  famous  points  of  medical  jurisprudence,  in  which  he 
measured  swords  with  the  great  'medical  head-lights'  of  the 
country,  and  came  off  victor. 

"From  this  time  Dr.  Swinburne  has  been  recognized  as  a 
medical  genius,  a  bold  and  skilful  surgeon,  and  a  profound 
thinker,  marking  out  new  paths  which  are  now  followed  by 
the  foremost  men  of  the  profession. 

"  His  administration  at  quarantine  was  a  grand  triumph  over 


TFFE   FIGHTING   DOCTOR.  245 

all  opposition,  and  placed  liini  aniorif^  tlie  greatest  organizers 
and  managers  that  had  ever  controlled  sanitary  affairs  in  this 
country. 

'■'■  In  1870  he  was  at  the  head  of  the  American  Ambulance 
Corps  at  the  siege  of  Paris,  and  received  the  cross  of  the 
Legion  of  Honor  for  bravery  and  skill.  This  was  the  first 
time  any  American  ever  received  such  a  compliment. 

"Dr.  Swinburne  has  shown  a  great  executive  ability,  as  well 
as  scientific  skill.  His  associations  with  several  large  enter- 
prises in  this  city,  and  in  the  Far  West,  reveal  the  immense 
activity  of  the  man,  and  show  that  he  is  a  man  for  the  people, 
alive  to  all  their  interests. 

"In  surgical  and  medical  jurisprudence  he  has  introduced 
important  changes,  and  made  discoveries  which  have  now  be- 
come practical  all  over  the  world.  As  a  leader,  he  has  shown 
intense  activity,  and  a  ready  perception  of  men  and  events, 
united  with  a  clear  comprehension  of  the  exact  requirements 
of  the  times." 

Mr.  Callicott  is  recognized  by  all  who  know  him  as  not 
only  one  of  the  ablest,  but  fairest,  editorial  writers  and  jour- 
nalistic managers  in  the  State,  and  true  to  the  principles  of 
his  party  (Democratic).  Duriiig  the  last  campaign,  while 
giving  a  loyal  support  to  his  ticket,  and  having  one  of  the  very 
best  men  in  the  party  on  that  ticket  for  Congress,  he  seemed, 
like  the  mass  of  his  fellow-citizens,  to  have  grown  in  appre- 
ciation of  the  doctor's  "great  executive  abilities,"  and  had 
not  a  syllable  to  utter  against  the  Republican  nominee  for 
Congress,  —  Dr.  John  Swinburne.  It  was  but  natural  that 
the  Republican  organs  should  contain  many  flattering  pane- 
gyrics of  their  candidate,  Dr.  Swinburne,  which  are  made  the 
more  important  because  of  this  commendation  from  an  oppo- 
site political  editor,  of  whom  the  "  Express,"  always  a  firm 
Republican  paper,  said,  — 

"  Mr.  Callicott  is  unquestionably  the  most  accomplished 
Democratic  editor  in  this  section  of  the  State.  He  is  also 
very  cautious  and  conservative,  and  does  not  make  assertions 
without  understanding  the  subject  thoroughly." 

In  1880,  when  the  connection  of  the  doctor  with  the 
Albany  College  terminated,  the  news  went  over  the  land  ;  and 
several  applications  were  made  to   him    to  accept  a  profes- 


246  A   TYPICAL   AMERICAN. 

sor's  chair  in  other  cities  and  institutions  of  learning,  one 
of  llieni  being  from  London,  Eng.  He  Avas  seriously  con- 
sidering one  of  these  invitations,  and  had  about  determined 
to  accept,  when  the  citizens  of  Albany,  learning  this  fact, 
became  fearful  they  were  to  lose  the  man  they  had  known 
nearly  forty  years,  and,  bestirring  themselves  to  avert  such 
a  "  misfortune  to  tlie  community,"  presented  him  with  the 
following  petition,  which  was  published  in  the  "  Albany  Jour- 
nal "  of  July  22,  1880:  — 

To  Dk.  John  Swinbuune. 

Dear  /Si)\  —  Learning  that  you  are  considering  proposals 
to  engage  in  tlie  practice  and  teaching  of  your  profession  else- 
where, tlie  undersigned  urge  you  not  to  accept  sucli  propo- 
sals, but  to  remain  here. 

We  assure  3'ou  that,  whatever  impressions  you  may  have 
received  on  the  subject,  the  people  of  Albany  know  and 
appreciate  your  great  skill,  and  the  generous  use  you  have 
made  of  it  to  heal,  without  charge,  thousands  who  could  not 
pay  for  such  service  ;  that  your  fellow-citizens  are  proud  of 
your  just  fame,  and  of  the  credit  it  reflects  on  our  city,  and 
would  deploi'e  your  departure  as  a  loss  to  the  profession  and 
a  misfortune  to  the  community. 

Hoping  that  this  expression  of  our  feelings  may  lead  you 
to  remain  with  us,  we  are 

Sincerely  yours,  . 

Matthew  Hale,  Erastus  Corning,  Joseph  H.  Ramsey,  Hamil- 
ton Harris,  Edmund  L.  Judson,  Lyman  J.  Lloyd,  Bai'clay 
Jermain,  A.  M.  Brumagliim,  Albert  Wing,  H.  S.  Van 
Santford,  Eli  Periy,  Adam  Van  Allen,  W.  Dey  Ermand, 
Charles  S.  Many,  Robert  C.  Blackall,  John  H.  Trowbridge, 
John  Clemishire,  Jacob  Messenger,  Thomas  P.  Rudd,  E. 
Countryman,  L.  M.  Van  Santvoord,  Benjamin  Payn,  Wm. 
G.  Weed,  W.  S.  Hevenor,  A.  C,  Judson,  D.  Cady  Herrick, 
Edward  J.  Boughton,  John  S.  Dickerman,  Geo.  Dawson, 
James  T.  Story,  Edwy  L.  Taylor,  Jas.  A.  Houck,  W.  Froth- 
ingham,  Daniel  Casey,  Thomas  H.  P'eiTis,  Walter  McEwen, 
Charles  D.  Rathbone,  Sylvanus  H.  Sweet,  Peter  Kinnear, 
William  Doyle,  E.  D.  Ronan,  Andrew  J.  Colvin,  Geo.  A. 
Birch,  J.  W.  Mattice,  R.  R.  Thompson,  George  H.  Tread- 
well,  William  S.  Paddock,  Johnston  &  Reilly,  A.  S.  Draper, 
John  K.  Page,  Isaac  W.  Vrooman,  Alden  Chester,  John  C. 
Feltman,  J.  S.  Robbins,  J.  McCann,  H.  C.  Birch,  Abram 


THE   FrOMTINO    DOCTOIl.  247 

Van  Veolitoii,  Edward  J.  Mno^ain,  IT.  Dorr,  J.  R.  Hfiiton, 
S.G.  Rice,  11.  Mc,I?ri<l(3,  John  W.  Viin  V:ilkcid)iirirli,  R.  M. 
•  Grilliii,  Robert  S(;ot,t,  LjiiisiiiL,'  Ilotiiliiif^, 'i'lioinas  I),  ('ole- 
nian,  William  II.  Haskell,  William  'J'lioriiton,  Cialen  R. 
Hitt,  John  II.  Farrell,  1).  L.  La  Monte,  H.  P.  Prime,  Henry 
T.  Bradt,  Robert  Strain,  John  Pladwell,  William  H.  Low, 
P^raidclin  W.  Miller,  Jonathan  Tenney,  I^ban  Mess,  George 
W.  Cooidey,  ('liarles  E.  Burgess,  Walter  S.  Browr),  John 
T.  (iorman,  Peter  Snyder,  Theodore  I).  Smith,  jun.,  Wil- 
liam Casey,  Thomas  P.  Lynch,  Frederick  Andes,  Richard 
B.  Rock,  William  A.  Donahoe,  J.  Van  Wormer  &  Co., 
Jacob  H.  Ten  Eyck,  Ignatius  Wiley,  George  Weber,  Rich- 
ard Bortle,  A.  B.  Pratt,  George  Downing,  Frederick  U. 
Bressler,  John  W.  McNamara,  and  two  thousand  others. 

To  this  petition  the  doctor  replied,  — 

Gentlemen, — In  reply  to  your  kind  and  friendly  letter 
requesting  me  not  to  leave  Alban}^,  or  abandon  my  work  here, 
I  have  to  say  it  is  ti'ue  that  I  am  considering  propositions  f(jr 
the  teaching  and  practice  of  my  profession  elsewhere.  It  is 
but  fair  to  state  the  reasons  therefor.  On  ray  return  to  this 
city  in  1871,  after  an  absence  of  seven  years,  I  was  warmly 
welcomed  by  the  profession ;  and  sought  to  show  the  great 
advance  that  could  be  made  in  surgery  by  the  use  of  conser- 
vative modes,  preferring  to  do  this  in  the  place  where  my 
professional  career  began  :  in  other  words,  having  long  known 
that  it  was  but  rarely  needful  to  cut  off  an  injured  limb,  that 
the  maimed  member  could  almost  alwa3's  be  saved ;  and  feel- 
ing that  to  despoil,  deform,  or  to  perpetuate  deformity  in  any 
patient,  however  poor,  of  a  limb  which  could  by  reasonable 
means  be  saved,  was  wrong,  and  not  in  accord  with  the  object 
of  our  profession,  —  I  undertook  to  prove,  on  a  scale  large 
enough  to  obtain  conclusive  results,  that  this  harm  could  be 
avoided.  I  can  only  say  my  efforts  have  been  misunderstood. 
It  is  needless  to  refer  to  the  various  differences  which  have 
arisen  between  myself  and  other  members  of  the  profession, 
b}^  which  the  conclusion  to  seek  broader  fields  and  more  lib- 
eral minds  have  been  forced  upon  me.  The  public  know,  and 
can  judge  for  themselves.  My  work  has  not  been  done  in 
the  dark,  and  I  leave  it  to  the  verdict  that  time  may  bestow. 
I  should,  in  justific/ation  to  myself,  add,  that,  at  the  request 
of  some  of  the  profession,  I  entered  upon  my  work  without 
a  desire  to  obtain  a  lucrative  practice.  What  has  been  done, 
has  been  done  for  the  poor,  without  charge  to  them,  but  ue- 


248  A    TYPICAL   AiMEEICAN. 

cessarily  entailing  large  expense  upon  myself.  But  that  very 
fact  alone  has  been  used  against  me ;  and  notwithstanding  re- 
sults obtained  by  ra}'^  methods  of  treatment,  of  which  I  may 
rightly  be  proud,  my  course  has  been  misrepresented,  and 
every  endeavor  made  to  retard  the  work.  For  these  i-easons, 
therefore,  I  have  considered  the  oft-repeated  request  to  go 
elsewhere. 

Allow  me  to  assure  you,  gentlemen,  of  my  highest  regard 
for  you  personally,  and,  adding  my  thanks  for  your  letter,  to 
sign  myself, 

Yours  very  truly, 

JOHN   SWINBURNE. 

This  petition,  signed  by  the  leading  men  of  every  profes- 
sion and  industry  in  Albany,  prevailed  with  the  doctor  ;  and 
among  the  names  of  those  still  living  are  found  his  truest  and 
warmest  supporters,  the  only  exception  among  them  known 
to  express  different  views  from  those  then  entertained  being 
the  first  to  appear  on  the  petition,  Matthew  Hale.  This  op- 
position, it  is  believed  by  a  large  portion  of  the  people,  was 
induced  by  the  appointment  of  the  late  Hon.  Henry  Smith, 
a  lawyer  in  whom  the  doctor  recognized  integrity  and  ability, 
as  corporation  counsel,  instead  of  appointing  Mr.  Hale. 

To  decide  the  questions,  whether  the  purity  of  the  ballot- 
box  should  be  maintained,  the  rights  of  the  people  vindicated, 
and  fraud  punished,  criminal  proceedings  were  commenced 
in  the  courts  the  next  day,  and  followed  by  a  civil  proceed- 
ing in  quo  warranto^  to  determine  by  what  authority  the 
"  counted-in  "  mayor  held  the  office.  In  these  proceedings 
it  was  generally  believed  the  lawyers  in  the  case  were  acting 
pro  bono  jmhlico  ;  and  from  the  declai'ations  of  Mr.  Hale,  both 
in  public  and  private,  his  strong  denunciations  of  the  corrupt 
ring  that  ruled  the  city,  his  protestations  as  an  honora- 
ble citizen  in  favor  of  good  government,  and  the  sending  of 
the  fraud  perpetrators  to  prison,  he  was  especially  considered 
a  reformer  working  for  the  object  he  professed  to  have  so 
dear  at  heart,  when  he  pledged  himself,  publicly,  "  to  contiib- 
ute  our  time,  money,  and  energies,  to  defeat  the  apparent 
conspiracy  against  the  ballot-box,  to  vindicate  the  will  of 
the  people,  and  to  punish  those  guilty  of  the  offences  charged, 


THE   FHJII'IMNfl    Docroit.  249 

whicl)  aro  the  groatost  ptj.s.sililo  ci'iinc.s  against  a  IVeo  govern- 
ment." When  Mr.  Hale  made  tliis  declaration,  and  tliat  to 
submit  to  the  frauds  "  would  be  to  renounce  popular  sover- 
eignty, and  to  submit  to  a  despotism  all  the  more  galling 
because  it  is  irresponsible,  and  assumes  the  mask  of  Democ- 
racy," it  was  Ihouglit  ho  was  speaking  as  a  citizen  prompted 
by  patriotism,  and  not  as  a  lawyer  agitating  for  a  lawsuit  in 
which  he  was  to  have  a  four-thousaiid-dollar  fee  from  a  client 
who  was  contesting  an  election  in  the  interests  of  the  people, 
and  not  for  seltish  ends.  Yet  the  sequel  to  his  action,  then, 
—  Mr.  Hale's  becoming  a  reformer  at  the  last  general  elec- 
tion, deserting  the  party  with  whom  he  had  worked,  or  pre- 
tended to,  for  good  government;  and  the  overthrowing  of 
the  corrupt  ring  which  ruled  Albany ;  and  affiliating  politic- 
ally with  the  very  ring  whom  he  declared  "  deserve  and 
should  receive  the  detestation  and  denunciation  of  every 
good  citizen  of  whatever  i)arty,  and  the  severest  punishment 
provided  for  them  by  law,"  —  naturally  leads  to  the  con- 
clusion that  his  patriotic  and  political  professions  were  all 
''  bumbcomb."  The  special  reference  to  this  action,  as  a  part 
of  the  doctor's  first  political  contest,  is  made  because  of  the 
false  charges  growing  out  of  it,  which  were  handled  and 
published  as  reports  of  the  trial  in  the  oigan  of  the  ring, — 
the  mouthpiece  of  Mr.  Hale's  new  political  associates,  —  in 
an  attempt  to  defame  the  name  of  Albany's  most  popular, 
honored,  and  philanthropic  citizen. 

The  history  of  this  action  of  Hale  against  Swinburne,  as 
we  understand  it  (and  we  have  generall}^  attended  the  courts 
officially,  and  as  one  interested  in  the  result,  because  of  the 
doctor's  position  as  a  representative  of  the  people),  in  brief 
is  this.  On  the  morning  after  election,  a  consultation  was 
held  between  several  of  the  lawyers  and  the  doctor,  one  of 
the  gentlemen  terming  it  a  "  council  of  war."'  It  was  decided 
to  institute  criminal  proceedings,  to  ferret  out  the  frauds,  and 
procure  evidence  for  a  quo  warranto  action.  Before  the  re- 
corder the  criminal  proceedings  were  carried  out,  and  hun 
dreds  of  voters,  who  had  been  summoned,  examined;  these 
proceedings  occupying  several  mouths.     Besides  this  a  thor- 


250  A   TYPICAL   AMERICAN. 

ough  canvass  of  the  city  had  been  made.  These  were  all 
preliminary,  and  necpssary  to  obtain  the  fads  on  which  to 
base  the  quo  warranto  action.  All  tliis  work  was  carried 
out  under  the  direction  of  Messrs.  Bentley,  Beutler,  and 
Fitch  J.  Swinburne,  and  were  voluntary  acts  by  these  gen- 
tlemen, none  of  whom  looked  for  any  compensation  from  the 
doctor,  and  were  working  in  the  interests  of  the  people  ; 
Mr.  Hale  only  appearing  once  or  twice  in  these  proceedings. 
When  the  facts  were  all  accumulated  to  prove  the  fraud, 
the  only  apparent  labor  during  the  entire  litigation,  an  action 
quo  ivarranto  Avas  commenced,  Mr.  Hale  assuming  the  lead- 
ing part,  it  being  understood  among  the  other  counsel  that 
the  papers  were  to  be  served  at  Hale's  ofiBce,  simply  as  a 
matter  of  convenience.  After  nearly  two-thirds  of  the  term 
had  expired,  in  which  the  opposing  counsel  were  able,  by 
motions  and  technicalities,  to  postpone  the  trial  from  time 
to  time,  the  late  Hon.  Henry  Smith  appeared  in  court ;  and, 
when  another  attempt  was  made  to  delay,  he  succeeded  in 
doing  at  one  session  of  the  court  what  Mr.  Hale  failed  in 
having  accomplished  in  the  many  months,  —  that  of  having 
the  action  set  for  trial  on  a  definite  day.  Before  that  day 
arrived,  the  incumbent,  Michael  Nolan,  seemingl}^  to  avoid  a 
penalty,  resigned.  The  action  went  by  default ;  and,  under 
the  direction  of  the  Court,  the  verdict  of  a  jury  was  taken, 
awarding  the  office  to  Dr.  John  Swinburne. 

It  may  be  pertinent,  here,  to  add,  that  the  doctor  and 
others  were  led  to  doubt  the  sincerit}^  of  Mr.  Hale  in  the 
matter;  as  he  had  written,  April  27,  1863,  a  few  days  before 
the  action  was  to  be  heard  in  court,  in  substance,  that  he 
was  going  out  of  the  cit}^,  and  that  the  doctor  must  have 
some  one  else  prepare  the  case,  as  he  could  not  get  ready. 
This,  after  many  months  in  which  he  claims  to  have  been  en- 
gaged in  the  suit,  looked,  to  be  mild  in  expression,  "  funny 
practice." 

On  assuming  the  office  of  mayor  of  Albany,  the  doctor 
appointed  the  Hon.  Henry  Smith,  long  the  leader  of  the 
Albany  bar,  corporation  counsel.  Soon  afterwards  Mr. 
Hale  presented  the  doctor  with  a  bill  of  four  thousand  dol- 


TIIK    KHMITING    DOCTOri.  2ol 

lars,  for  alleged  lc[(!i.l  servicers  in  this  contest ;  and  in  the 
Supreme  Court  obtained,  without  trial,  a  judgment  for  that 
amount,  the  judge  deciding  that  the  answer  of  the  doctor 
was  frivolous. 

The  next  ])oiiit  with  Hale  was  to  recover  the  amount ;  but 
he  failed  lo  find  ;Miy  inoperty,  the  doctor  having,  when  he 
entered  the  army  duiing  the  Kebellion,  transferred  his 
property  to  his  wife,  and  children  of  tender  yeais.  Sup- 
plementary proceedings  were  commenced,  the  doctor  placed 
on  the  stand,  and  subjected  to  insult  and  abuse  by  Mr. 
Hale,  who,  only  four  years  before,  said  of  the  doctor,  in  a 
public  document,  "The  people  of  All)any  know  and  appreci- 
ate your  great  skill,  and  the  generous  use  you  have  made  of 
it,  to  heal,  without  cluirge,  thousands  who  could  not  paj'  for 
such  service."  What  a  burlesque  is  presented  in  Hale  ask- 
ing four  thousand  dollars  for  alleged  services  to  right  a  great 
outrage  perpetrated  on  the  public,  from  a  man  who  healed, 
"without  charge,  thousands  who  could  not  pay  for  such  ser- 
vice." All  the  dirt  and  vilification,  and  attempts  to  make 
the  doctor  appear  dishonest,  that  could  be  construed  out  of 
this  testimony  in  supplementary  proceedings,  was  dished  up 
in  the  "  Argus,"  the  ring  organ. 

Dr.  Swinburne  pays  his  debts,  and  liquidates  all  just  claims 
against  him  ;  but  denying  any  })ecuniar3^  obligations,  direct 
or  implied,  to  Hale,  he  determined  to  resist  what  he  claimed 
'"extortion."  On  an  appeal  to  the  general  term,  the  decis- 
ion, that  "the  answer  of  Dr.  Swinburne  was  frivolous,  was 
overruled,"  and  the  judgment  and  supplementary  proceedings 
set  aside.  When  the  case  again  came  into  court,  Mr.  Hale 
moved  for  a  reference,  alleging  that  his  claim  set  forth  several 
sepaiate  and  distinct  retainers ;  that  the  investigation  would 
involve  a  long  account,  and  consume  much  time.  On  his 
affidavit  and  motion,  the  case  was  given  to  three  referees.  It 
is,  as  the  case  has  progressed  and  facts  have  been  developed, 
and  by  the  utterances  of  Mr.  Hale  himself,  becoming  a  settled 
conviction  in  the  minds  of  many,  that  ]Mr.  Hale  knew  he  had 
no  just  claim  against  Dr.  Swinburne,  and  that  he  was  afraid 
of  a  trial  in  open  court  before  a  jury,  asserting  as  his  reason 


252  A   TYPICAL  AMERICAN. 

that  the  doctor  hoped  to  get  on  the  juiy,  if  tried  in  open  court, 
"  a  sprinkling  of  his  patients  and  political  heelers,"  as  the  peoi- 
ple  were  termed  by  Hale. 

Before  the  referees,  Mr.  Hale  has  offered  proof  of  but  one 
retainer,  and  that  the  doctor  squarely  denies.  It  is  admitted 
that  there  was  no  money  then  paid ;  and  according  to  Hale, 
and  the  testimon}^  of  the  other  gentlemen  present,  nothing 
was  said  about  remuneration;  the  entire  consultation  being  as 
to  how  tliey  should  proceed,  and  what  steps  should  be  taken. 
No  witness  has  been  able  to  place  a  value  on  any  separate 
service,  except  Mr.  Hale  himself,  who  values  the  drawing  of 
an  offer  of  reward  for  the  conviction  of  the  perpetrators  of  the 
frauds  at  fifty  dollars.  He  could  not,  or  would  not,  place  a 
definite  value  on  any  other  particular  or  separate  service,  and 
all  the  witnesses  he  placed  on  the  stand  were  equally  incapable 
of  placing  any  value  on  any  separate  service  ;  but,  on  hypo- 
tlietical  questions  propounded  by  Mr.  Hale,  they  estimated  his 
services,  if  they  were  as  he  stated,  worth  four  thousand  dol- 
lars. Two  of  the  lawyers  summoned  by  Hale,  who  were 
counsel  for  Ex-Mayor  Nolan,  testified  there  were  no  ques- 
tions of  law  involved  in  the  quo  warranto  action,  as  these  had 
all  been  settled :  the  question  was  simply  one  of  fact,  to  be 
determined  by  proof  of  votes.  Another  thought,  according 
to  Mr.  Hale's  statement,  that  his  services  in  the  proceedings 
were  worth  four  thousand  dollars:  yet  it  is  understood  this 
very  lawyer  thought  fifty  dollars  was  ample  compensation  for 
Dr.  Swinburne's  professional  skill  and  services  in  attending 
his  (the  lawyer's)  son,  who  had  been  thrown  from  a  carriage, 
and  sustained  a  fracture  of  the  leg ;  the  doctor  saving  the 
limb,  and  perhaps  the  life,  of  the  injured  young  man,  as 
believed  by  the  family.  But  then,  the  difference  in  the  value 
of  the  service  of  these  men  of  different  professions  was,  that 
one  was  successful  in  as  short  a  time  as  possible,  while  the 
other  was  unsuccessful.  The  doctor,  on  oath,  denied  having 
retained  Mr.  Hale,  or  that  he  was  to  be  in  any  way  responsi- 
ble to  him,  and  never  had  any  intimation  that  Mr.  Hale  hoped 
to  get  a  fee  from  him  until  the  case  had  been  in  litigation 
about  a  year,  when,  througli  one  of  the  other  counsel  in  the 


TIIK    FIOHTING    DOCTOR.  253 

case,  Hale  soul,  word  lo  the  doctor  that  lio  thought  he  (night 
to  have  a  thousand  dolhirs.  The  doctor  then  declined  to  pay 
any  money  ;  but  Mr.  Hale  did  not  withdraw  from  the  suit. 
It  was  understood  that  the  money  requisite  in  the  action 
was  to  be  raised  by  subscription  ;  and  some  funds  had  been 
raised  in  that  maimer,  Mr.  Hale  at  one  time  early  in  the 
litigation  drawing  from  the  treasurer  of  the  (/itizens'  Commit- 
tee two  hundred  dollars.  That  this  was  to  lie  the  method  of 
raising  money  is  I'urtlier  proven  by  tiie  fact  that  a  subscrip- 
tion list  was  drawn  b}'  Mr.  Hale  for  that  purpose,  with  the 
name  of  his  fu'm  second  on  the  list  for  two  liundred  and  fifty 
dollars.  When  Mr.  Hale  took  the  prominent  part  he  did, 
it  is  said  that  he  understood  there  were  then  two  thousand 
dollars  in  the  hands  of  the  Citizens'  Committee  for  this  very 
purpose.  The  other  counsel  named,  when  asked  if  they  had 
any  bills  against  the  doctor,  with  one  exception  replied,  "No, 
we  have  no  bills  against  the  doctor."  Mr.  Moak,  a  leading 
Democratic  attorne}^  cordially  took  a  part  in  counselling,  and 
was  always  ready  to  discharge  any  duty  that  he  might  be 
called  to  perform  in  the  action,  adding  that,  while  he  was 
Democratic  in  politics,  he  believed  in  good  government  and 
the  protection  of  the  purity  of  the  ballot-box.  His  interests 
in  the  matter  were,  like  all  the  others  excepting  Mr.  Hale, 
for  the  rights  of  the  people.  It  was  no  party  movement,  and 
was  supported  by  able  men  of  both  parties.  In  his  charge 
against  Dr.  Swinburne,  Matthew  Hale  has  but  few  sympa- 
thizers. After  his  attempt  to  injure  the  doctor,  the  public 
rendered  two  verdicts  at  the  polls,  —  one  defeating  j\Ir.  Hale 
forjudge  of  the  Supreme  Court;  and  the  other,  by  electing 
Dr.  Swinburne  to  Congress  by  a  majorit}^  no  other  man  in  the 
country  could  command,  changing  the  popular  vote  by  over 
seven  thousand.  The  people  believe  the  doctor  is  as  truthful 
and.firm  as  he  is  tender  and  aggressive.  And  here  it  is  perti- 
nent to  ask  a  simple  question  ;  i.e..  If  Mr.  Hale,  in  making 
his  application  for  a  reference,  swore  to  the  truth  as  to  sepa- 
rate retainers,  and  could  before  the  referees  make  no  account 
or  swear  to  but  one  retainer,  did  he  swear  to  facts  on  both 
occasions?    The  two  statements  are  contradictory;  and,  until 


254  A   TYPICAL   AMERICAN. 

they  are  satisfactoril}-  explained,  there  will. exist  an  impression 
that  there  is  still  need  of  reformation.  A  ciedible  and  nn- 
impeached  witness,  a  lawyer  hy  profession,  testified  that  Mr. 
Hale  did  say,  that  if  Dr.  Swinburne  had  consulted  him  before 
appointing  Mr.  Smith,  this  suit  might  never  have  been  com- 
menced. 

The  only  excuse  or  explanation  we  deem  necessary  in 
placing  this  matter  here,  is  to  illustrate  how  shrewdly  some 
men  can  cover  np  their  real  designs,  and  by  a  smiling  coun- 
tenance deceive  the  most  penetrating  ;  how  men  anxious  to 
become  popular,  and  see  their  names  in  print,  are  confounded 
with  their  own  utterances;  how  the  loudest  advocates  of 
reform  are  not  at  all  times  to  be  believed  ;  how  rapidly  a 
defeated  aspirant  for  office  can  change  his  political  creed,  and 
go  into  full  fellowship  with  the  men  he  had  denounced  as 
fraudulent  and  corrupt,  without  their  changing  or  improv- 
ing morally  ;  and  how  easy  it  is  for  the  new  convert  to  find 
only  honest  jurors  among  his  new  associates,  where  there  are 
no  "patients  or  political  heelers,"  and  to  expose  the  "true 
inwardness  "  of  the  only  grounds  on  which  the  doctor's  ene- 
mies could  draw  any  thing  to  say  against  him  in  the  last 
campaign,  and  to  indicate  how  hard  it  is  for  a  friend  of  the 
people  to  obtain  a  fair  chance  to  have  justice  and  a  public 
vindication  in  the  courts  in  a  public  matter,  instead  of  hav- 
ing tlie  question  relegated  to  the  almost  absolute  secrecy  of  a 
referee's  room.  The  case  is  still  in  litigation,  and  the  doctor 
is  fighting  for  an  open  trial. 

In  the  issue  of  May  16,  1884,  the  "Morning  Express"  said 
of  this  action  of  Hale  against  Swinburne,  — 

"  The  people  of  Albany  will  doubtless  remember  that,  in 
the  charter  election  of  two  years  ago,  Dr.  Swinburne  was 
elected  to  the  office  of  mayor ;  but  b}^  means  of  a  corrupt 
cabal  was  prevented  from  at  once  assuming  the  reins  of  city 
government.  A  number  of  patriotic  citizens  immediately 
enlisted  in  his  cause,  and  proffered  their  time,  their  means, 
and  their  talents  to  enable  him  to  secure  the  office  to  which 
lie  was  honestly  elected.  First  and  foremost  among  the  num- 
ber was  the  Hon.  Matthew  Hale,  and  none  could  excel  him 


Tf?K    K If;  H TING    DOCTOR.  255 

in  his  zf'iil  ill  (lio  ciiuse  of  i-igliteousness.  Tlu;  case,  lK)\vf-vcr, 
dr.i{T(red  slowly  ulonn' ;  juhI,  for  fourteen  Ioiilj  iiu)iitlis,  Dr. 
SwiiiburiK!  \v:is  kiiockiiif^^  in  vain  at  the  door  of  the  leni[jle  of 
justice.  I'inaHy  Hon.  Henry  Smith  was  taken  into  the  case, 
and  the  hlind  goddess  at  once  Kniilcd  more  benignly  upon 
the  applicants  for  justice.  The  suit  wjis  brought  to  a  suc- 
cessful culmination,  and  ere  long  the  'Fighting  Doctor'  was 
duly  install(!d  in  office.  In  due  time  lie  appointed  his  faith- 
ful advocate  to  the  best  offu^e  in  his  gift.  Almost  simulta- 
neously with  that  appointment,  a.  suit  was  inaugurated  by 
the  Hon.  Matthew  Hale  against  the  doctor  for  services 
rendered  in  the  mayoralty  proceedings.  The  value  set  upon 
these  services  were  such  as  to  cause  most  of  the  people  to 
believe  that  we  had  again  returned  to  the  golden  days  of 
Aladdin.  The  doctor,  of  course,  demurred  paying  for  'patri- 
otic '  services;  and  returned  an  answer  to  the  complaint,  set- 
ting forth  the  fact,  already  familiar  to  all,  that  the  services 
of  Mr.  Hale,  as  well  as  other  gentlemen,  were  taken  up  in 
the  interest  of  law  and  order,  and  were  of  course  gratuitous 
in  their  nature.  Judge  Westbrook  granted  an  order  of 
judgment  in  favor  of  Mr.  Hale,  upon  the  ground  that  the 
answer  was  frivolous ;  and  also  denied  a  stay  of  proceedings 
pending  an  appeal.  The  public  will  remember  that  Dr. 
Swinburne  was  then  hauled  up  before  a  referee,  upon  au 
order  of  supplementary  proceedings,  imme.diately  before  elec- 
tion^ and  subjected  to  the  grossest  sort  of  an  examination,  all 
of  which  was  thoroughly  ventilated  in  certain  daily  papers 
of  an  opposite  political  iaith,  with  elaborate  embellishments 
added  thereto.  The  examination  failed  to  reveal  that  Dr. 
Swinburne  was  worth  four  thousand  dollars,  the  sum  de- 
manded for  the  services  rendered.  Then  an  order  was 
obtained  to  bring  up  Mrs.  Swinburne  upon  supplementary 
proceedings,  the  subpffiiia  designating  May  29  as  the  first 
day  for  such  examination.  In  the  mean  time  the  Hon.  Henry 
Smith  appealed  the  case  to  the  general  terra,  now  sitting  at 
Binghamton  ;  and  that  tribunal,  upon  Wednesday  last,  handed 
down  an  opinion  reversing  the  order  of  Judge  \Vesti)rook, 
and  denying  the  motion  of  Mr.  Hale  for  the  relief  demanded. 
This,  of  course,  supports  the  position  assumed  by  Mr.  Smith; 
and  admits  that  the  answer  set  forth  by  him  to  Mr.  Hale's 
complaint  was,  in  legal  parlance,  'good.'  All  further  pro- 
ceedings of  a  tantalizing  nature,  of  course,  will  be  dropped, 
and  the  case  tried  upon  its  merits  at  the  next  circuit ;  and  it 
will  then  be  determined  whether  or  not  '  patriotic '  services 
are  worth  the  princely  sum  of  four  thousand  dollars." 


256  A   TYPICAL   AMERICAN. 

Nearly  a  year  after  this  article  was  published  in  the  "Ex- 
press," the  case  being  still  in  the  courts,  the  Hon.  Ira  Shafer 
of  New  York  having  been  substituted  as  counsel  for  Dr. 
Swinburne,  in  place  of  Henry  Smith,  deceased,  the  "Citizen" 
of  April  11,  had  this  to  say  of  the  controversy, — 

"  The  irrepressible  conflict  between  the  people's  friend 
and  genuine  reformer,  Dr.  John  Swinburne,  and  the  pseudo- 
reformer,  Matthew  Ilale,  still  continues;  and  the  end  is  not 
3'et.  With  the  merits  of  this  case  the  public  are  familiar,  and 
need  no  repetition,  further  than  to  remind  them  that  it  was 
Hale  who  was  so  loud  in  his  protestations  that  justice  should 
be  done  the  people,  when  the  fraudulent  ring  of  this  city 
counted  out  their  candidate  for  mayor,  and  counted  in  Michael 
Nolan.  They  remember  the  indignant  countenance  of  Hale 
as  he  faced  the  thousands  assembled  at  the  indignation  meet- 
ing at  the  old  Capitol,  and  the  emphasis  with  which  he  read 
the  resolutions  declaring  it  was  the  duty  of  the  people  to  give 
their  time  and  money  to  right  the  great  wrong,  and  bring  to 
justice  the  abettors  and  perpetrators  of  the  fraud.  Not  one 
man  in  that  audience,  we  venture  to  assert,  ever  dreamed,  at 
that  time,  that  Hale  was  then  ^jhiying  the  lawyer  under  the 
garb  of  a  patriot,  and  deceiving  the  multitude  before  him. 
Yet,  if  he  is  to  be  believed,  that  was  just  what  he  was  doing ; 
as  he  recently,  in  this  action  to  recover  four  thousand  dollars 
for  the  services  rendered  in  the  suit  that  followed,  testified 
that  he  was  retained  the  morning  before  the  speech  was  made. 
The  case,  the  people  remember,  has  had  many  turns  in  the 
legal  mill,  and  has  been  before  referees.  Mr.  Ira  Shafer, 
counsel  for  Dr.  Swinburne,  desires,  in  the  interest  of  his 
client,  that  the  case  should  be  taken  from  the  I'eferees,  and 
tried  in  open  court,  where  the  public  gaze  may  be  upon  the 
proceedings;  feeling,  as  he  says,  that  no  jury  would  be  found 
to  render  a  verdict  in  favor  of  Hale,  any  more  than  they 
would  think  of  awarding  four  tliousand  dollars  to  John 
Hancock  for  his  patriotic  act  in  signing  the  Declaration  of 
Independence. 

"  Mr.  Hale,  afraid,  it  appears,  of  public  exposure,  and 
that  a  just  public  verdict  might  be  rendered,  resists  this  at- 
tempt; and,  when  last  the  motion  to  take  it  from  the  referees 
was  argued,  the  addition  to  the  Albany  bar  demonstrated  his 
ability  to  abuse  his  best  friends,  who  had  placed  so  much 
confidence  in  him  as  to  vote  to  elevate  him  to  the  Supreme 
Bench.    Some  of  whom  now  think  it  was  the  interposition  of 


THE    FIGHTING    DOCTOR.  2.07 

a  wise  Providnnce  tliiit  caused  their  votes  and  labor  to  he  in 
vain.  When  Mr.  Hale  asserted  that  the  ohj(;et  of  the  doctor 
in  havinjT  the  motion  made  to  take  the  case  from  the  referees 
and  tried  in  open  court  was  that  he  hoped  to  have  on  the 
jury  '  a  spiinklin<j^  of  his  patients  and  political  heelers,'  and 
thus  prevent  justice,  he  insulted  nf)t  onl}'-  the  worthy  poor, 
but  a  large  majority  of  the  voters  of  this  country,  who,  despite 
the  opj)()sition  of  Mr.  Ilah;  and  his  associates,  and  the  libellous, 
scandalous,  and  defamin^^  stories  they  circulated  about  the 
doctor,  gave  a  public  verdict  of  over  three  thousand  in  favor 
of  the  doctor  at  the  polls.  In  the  Democratic  party  are 
thousands  of  true  and  honest  men ;  but  when  Mr.  Hale  in- 
sinuates that  in  his  new  political  affiliations  alone  are  to  be 
found  honest  jurymen,  he  implies  something  that  is  false,  and 
deserving  of  contempt. 

"  When  he  charged  the  doctor  with  dishonesty,  peijury, 
and  fraud,  he  made  a  charge  that  the  people  of  Albany  County 
know  is  false.  No  man  charged  perjury  but  him  :  yet  if  it 
is  true  that  Mr.  Hale,  in  making  a  motion  for  a  reference, 
swore  that  there  were  several  retainers,  and  before  the  referees 
could  only  swear  to  one  account,  did  he  swear  to  the  truth  on 
both  occasions  ?  With  these  contradictions  as  a  matter  of 
record,  to  put  it  mildl}^  does  it  not  come  with  questionable 
grace  from  Mr.  Hale  to  insinuate  that  the  doctor  is  dishonest, 
or  lacking  in  integrity  and  truth?  The  sympathy,  not  only 
of  the  public  but  of  a  very  large  portion  of  the  bar,  is  with  the 
doctor. 

"  The  real  animus  of  the  suit,  it  appeared  to  us,  was  devel- 
oped before  the  referees,  when  a  credible  witness  testified 
that  Hale  said  that  if  the  doctor  had  consulted  him  before 
appointing  Henry  Smith  corporation  counsel,  the  suit  might 
never  have  been  commenced.  If  that  is  the  real  cause  of  Mv. 
Hale's  fight  with  the  doctor,  he  should  not  feel  so  bad  ;  as  he 
has  a  number  of  companions  in  disappointed  hopes  of  office. 

"  Really,  what  an  absurd  spectacle  is  presented  in  this  suit! 
While  the  men  who  did  the  woik,  and  the  best  counsellors  in 
the  case,  such  as  Messrs.  N.  C.  Moak,  the  late  Henry  Smith, 
James  F.  Bentley,  W.  F.  Beutler,  and  others  engaged  in  the 
suit,  had  no  claims  to  make  against  the  doctor,  Mr.  Hale,  the 
loudest  protestant,  asked  four  thousand  dollars  for  an  action 
won  by  others,  where  he  failed  for  fourteen  months. 

"  Will  ]\Ir.  Hale  publicly  answer  one  simple  question  in 
this  suit?  'If  he  expected  the  doctor  to  pay  the  bills,  why 
did  he  continue  in  the  suit  when  he  said  he  thought  the  doc- 
tor ought  to  give  him  one  thousand  dollars,  which  was  re- 


258  A  TYPICAL   AMERICAN. 

fused ;  why  did  he  draw  up  a  petitiou  to  raise  funds  to  pay 
the  expenses,  heading  it  with  his  own  firm's  name  ;  and  why 
did  he  send  to  the  treasurer  of  the  (Mtizens'  Committee,  Mr. 
Fort,  and  draw  two  hundred  dollars  for  disbursement,  instead 
of  sending  to  the  doctor?'  " 

In  disposing  for  the  present  of  this  controversy,  an  article 
first  published  in  the  "Albany  Express,"  in  April,  1884,  and 
republished  in  another  paper,  under  the  title  of  "  Matthew 
Hale,  alias  Dugald  Dalgetty,"  places  the  matter  so  fairly  be- 
fore the  public,  that  it  is,  we  consider,  deserving  of  preserva- 
tion, that  the  comparison  between  these  two  men  may  not  be 
foi'gotten,  and  is  as  follows:  — 

"  Two  years  ago,  at  the  charter  election  held  in  this  city, 
Michael  N.  Nolan  and  John  Swinburne  were  opposing  candi- 
dates for  the  office  of  mayor.  Nolan  was  the  nominee  of  the 
Democratic  party,  while  it  can  hardly  be  said  that  Swinburne 
was  the  nominee  of  any  party. 

"Nolan,  as  well  as  the  leaders  generally  of  the  Democratic 
party,  scorned  and  laughed  heartily  at  the  idea  of  Swinburne's 
candidacy.  But  Swinburne  was  elected,  undoubtedly,  by  an 
honest  vote  of  thousands.  Yet  he  was  counted  out.  That 
this  result  was  accomplished  by  frauds  upon  the  ballot-box, 
in  every  conceivable  shape,  was  freely  admitted,  and  finally 
abundantly  proved  ;  and  so  fully  proved,  that  Nolan's  grip 
upon  the  office,  after  he  had  clung  to  it  for  two-thirds  of  the 
term,  was  wrenched  from  him.  The  outrage  he  had  perpe- 
trated upon  the  people  was  ended  by  ignominious  resigna- 
tion ;  and  Swinburne,  the  rightfully  elected,  was  accorded  the 
place. 

" '  Bribery,' '  forgery,' '  perjury,'  were  the  terms  hurled  at  the 
villains  who  had  perpetrated  this  great  crime  against  the  ballot- 
box.  Every  honest  man  was  in  a  state  of  indignant  denunci- 
ation, and  was  unselfish  enough  to  be  willing  to  contribute 
something  towards  punishing  the  villains,  and  helping  Swin- 
burne in  the  figlit,  not  so  much  his  own,  as  that  of  a  defrauded 
people.  Qhief  among  these  unselfish,  j)atriotic  citizens,  as 
was  supposed  at  the  time,  was  jMatthew  Hale,  attorney  and 
counsellor-at-law,  a  recent  annex  to  the  profession,  in  Albany, 
from  Essex  County.  Matthew  Hale  should  not  forget  the 
conspicuous  position  he  occupied  in  this  preliminary  fight  of 
patriotic  denunciation.  He  was  in  the  midst  of  it  from  tlie 
start,  and  in  the  hottest.     In  all  his  many  speeches  on  the 


THE  FIGHTING   DOCTOR.  2^9 

occasion,  at  tlie  Capitol  park  and  elsewliere,  liis  was  the  voice 
most  outs[)()k(!n  aij^uinst  the  stii[)eii(h)iis  frauds  by  which 
Nolan  was  counted  into  the  mayoralty  chair.  He  it  was 
wiio,  at  tiie  (/aj)it()l  park,  on  the  very  next  night  after  the 
election,  counselled  tliat  the  figiit  was  not  Swinburne's  but 
the  people's;  tiiat  the  battle  was  not  so  much  for  Swinburne 
as  it  was  to  secure  and  uphold  the  purity  of  the  franchise. 

'"The  truth  is,'  said  Hale,  'a  crime  has  been  committed 
against  the  life  of  our  government.  The  moment  the  people 
sacrifice  the  principle  of  an  honest  ballot,  they  become  slaves, 
—  worse  than  Russian  slaves:  they  become  the  slaves  of 
money,  which  buys  men  to  any  crime.  That  crime  was  illus- 
trated yesterday.  When  you  said  you  would  have  Dr.  Swin- 
burne for  mayor,  it  was  claimed  by  conspirators  that  you 
should  not.  Will  you  submit  to  it?  Let  us  see  that  it  is 
stopped.  Let  each  of  us,  as  far  as  in  him  lies,  work  for  the 
result.'  '  We  will  not  be  dictated  to,'  exclaimed  Hale,  in 
excited,  stentorious  tones, '  b}^  force  and  fraud.'  Not  a  word 
in  all  this  that  Hale  himself  would  not  go  into  the  patriotic 
fight  except  for  money.  He  was  then  pla3ang  the  role  of  a 
high-toned  patriot ;  and  his  own  soul  seemed  to  throb  with 
unselfish  zeal,  which  he  strove  to  infuse  into  the  hearts  of 
others.  But  a  change  came  over  the  spirit  of  his  patriotic 
impulses.  He  was  not  now,  and  had  not  been,  battling  for 
justice  and  a  pure  ballot.  He  was  now,  and  had  been,  fight- 
ing for  pa}',  and  for  pay  onl3%  He  was  become  a  Dugald 
Dalgetty  ;  and,  Dugald-Dalgetty-like,  he  would  not  fight  ex- 
cept for  pay.  And  he  that  would  pay  most  might  have  his 
services,  and  all  the  fires  of  his  patriotic  soul. 

"In  frankness.  Hale  should  have  informed  Dr.  Swinburne 
that  he  had  gone  back  on  the  patriotic  impulses,  speeches,  and 
promises,  before  he  went  into  the  fight.  The  doctor  was  con- 
fiding enough  to  believe  in  them;  and  supposed  they  were 
made  in  sincerit}^  and  from  disinterested  motives,  and  not  for 
reward,  or  expectation  of  reward  of  any  character,  except  that 
reward  which  springs  from  the  approbation  of  an  exalted 
conscience. 

"  Nolan  decamped  from  the  ill-obtained  office  ;  Swinburne 
was  installed  into  it ;  Peckham  resigned  the  office  of  corpora- 
tion counsel;  Smith  was  appointed  to  succeed  him  by  Mayor 
Swinburne;  and  Hale  soon  thereafter  commenced  edging  Dr. 
Swinburne  for  pay  for  services,  and  finally  sued  him  for 
four  thousand  dollars.  Who  is  credulous  enough  to  believe 
that  Matthew  Hale  would  ever  have  commenced  that  action 
had  he  received  the  appointment  of  corporation  counsel? 


260  A   TYPICAL   AMERICAN. 

"  Well,  Hale  obtained  his  judgment  because,  it  seems.  Dr. 
Swinburne  did  not  interpose  a  sutlioient  defence.  The  true 
defence  for  the  doctor  to  have  interposed  was  Hale's  public 
speeches  and  promises. 

"They  would  have  established  the  defence  that  Hale's  ser- 
vices were  gratuitous,  and  puidicly  offered  as  such  by  him  in 
the  presence  of  assembled  thousands  of  witnesses.  Hale  — 
discomfited  and  mad  that  execution  on  his  judgment  for  gra- 
tuitous services  was  not  collected,  had  the  same  returned 
unsatisfied  :  and  the  charter  election  approaching,  and  Swin- 
burne likely  to  be  a  candidate  again  for  mayor  —  took  sup- 
plementary proceedings  against  him  to  drive  him  to  payment, 
by  a  system  of  bull-ragging  as  ungentlemanly  as  it  has  been 
insultingly  conducted  ;  and,  if  that  did  not  answer,  then  to 
force  the  doctor  from  the  field  as  a  candidate  for  mayor  ;  or,  if 
he  persisted  in  running,  then  to  defeat  him,  unless  he  sub- 
mitted to  pay  the  extortionate  demands  of  Hale. 

"But  Swinburne  was  unscared  and  rebellious;  and,  as  he 
stood  in  the  way  of  Democratic  success  in  the  mayoralty  con- 
test, the  'Argus'  and  its  reporters  have  been  harnessed  in  to 
help  Hale  in  his  legal  conflict  with  Swinburne,  and  defeat 
him  in  election.  And  so  the  '  Argus'  has  taken  up  the  work 
of  malignity ;  and  for  weeks  has  been  engaged  in  [)ublishing 
Hales  interviews  and  Hale's  letters  in  the  matter,  proclaiming 
the  dishonesty  of  Swinburne,  and  the  purity,  magnanimity, 
and  disinterestedness  of  Matthew  Hale.  When  has  the  testi- 
mony of  a  party  in  supplementary  proceedings  been  taken  by 
a  reporter,  and  his  every  word,  and  nod,  and  smile,  and  unrest 
under  insulting  and  provoking  questions,  before  been  given 
to  the  public  through  the  columns  of  the  '  Argus  '  ?  And  how 
studious  and  persistent  have  Hale  and  the  'Argus'  been  to 
have  Swinburne's  exaimnation  forced  upon  the  people  before 
election  takes  place. 

"  Matthew  Hale  has  been  fortunate  in  finding  in  the  'Argus' 
a  coatljutor  willing  and  anxious  to  spread  abroad  his  venom 
and  his  malignity  against  John  Swinburne.  The  working 
twain  may  accomplish  the  doctor's  political  death;  but  they 
will  fail  to  deprive  him  of  the  hushed  blessings  which  daily  go 
fortli  from  thousands  of  wretched  poor  whom  he  has  benefited, 
to  whom  he  has  ministered  with  marvellous  skill  as  physician 
and  surgeon  without  compensation:  these  neither  Matthew 
Hale  nor  the  'Argus'  can  filch  from  him.  And  of  one  thing 
Matthew  Hale  may  rest  assured,  that,  as  Dr.  Swinburne  prom- 
ised his  services  should  be  gratuitous  to  these  wretched 
unfortunates,  he  will  not  forfeit  his  word  and  his  honor   by 


TIIK    FKJ  IITINf;    DOCTOIl.  201 

charging  them  four  tliniisiuid  dollars    foi-  such   services,  or 
any  other  sum  whatever." 

Under  date  of  April  5,  1884,  a  paper  published  in  Albany 
had  this  to  say  of  the  man  who  has  been  and  is  still  vainly 
trying  to  injure  the  reputation  of  Dr.  Swinburne  : — 

"Hon.  Matthew  Hale  having,  on  the  old  Capitol  steps, 
offered  his  time,  energies,  and  money  to  right  the  wrongs  of 
the  people  in  the  charter  election  of  1882,  sued  for  his  ser- 
vices in  the  sum  of  four  thousand  dollars,  about  ten  times 
their  value.  This  seemed  a  strange  thing,  but  recent  devel- 
opments show  that  this  thing  is  chronic  with  Hale.  He 
(Hale)  is  president  of  the  board  of  trustees  of  the  First 
Presbyterian  Church.  When  securing  funds  to  erect  their 
new  church  on  Willett  Street,  Mr.  Hale  liberally  subscribed  a 
thousand  dollars.  In  payment  therefor,  it  is  said,  he  handed 
in  a  receipted  bill  for  '  legal  services '  for  the  same  amount. 

"This  information  comes  from  those  connected  with  that 
church,  who  also  state  that  the  'legal  services'  rendered  by 
Hale  would  have  been  amply  paid  for  by  twenty-five  dollars, 
and  that  it  was  fair  to  suppose  that  the  president  of  the 
board  of  trustees  would  not  make  an  exorbitant  charge. 
But  Church  and  State  are,  alike,  free  plunder  to  some  of  the 
high-toned  legal  lights." 


CHAPTER   XVII. 

A  PLUCKY  LEADER. 

Unearthing  Corruption.  —  Renominated  for  Mayor.  —  "Wliy  nominated,  and 
why  he  accepted.  —  Defamed  and  defended.  —  Remarkable  Incident  in 
Politics.  —  Victorious,  and  again  counted  out.  —  Return  from  the  West.  — 
A  Magnificent  Reception. 

During  the  period  that  the  "  Fighting  Doctor  "  was  con- 
tending in  the  courts  for  the  mayoralty,  developments  were 
made  which  exhibited  the  most  corrupt  and  disgraceful  state 
of  affairs  ever  brought  to  light  in  the  city  of  Albany :  it  being 
clearly  demonstrated  that  nearly  three  hundred  repeaters 
were  used,  some  of  them  voting  from  five  to  twenty  times  at 
the  election.  It  was  also  brought  out  that  these  miserable 
wretches  were  the  hirelings  of  corruptionists,  most  of  whom 
held  official  positions  at  the  time;  and  many  of  them  are  still 
in  office,  some  in  very  high  positions.  Indictments  were 
found  against  inspectors,  growing  out  of  the  investigation  ; 
but  these  have  never  been  prosecuted,  and  the  guilty  tam- 
perers  with  the  ballot-box,  and  fraudulent  manipulators  of 
returns,  are  at  liberty  to  persue  their  rascally  vocations,  and 
repeat  their  crimes.  It  was  not  the  doctor's  duty  to  bring 
these  men  to  justice,  nor  to  prosecute  and  send  to  prison, 
where  they  ligitimately  belonged,  the  leaders  who  hired, 
encouraged,  and  abetted  these  fraudulent  voters  and  in- 
spectors. Evidence  sufficient  was  ready  to  convict  them  ; 
but  these  officials,  instead  of  living  on  prison-fare,  are  faring 
sumptuously  on  public  pap,  while  the  superintendent  of  the 
penitentiary,  and  the  contractors  who  employ  cheap  convict- 
labor,  are  becoming  rich  on  the  work  of  dishonest  men,  to  the 
injury  of  honest  labor.  The  success  of  the  doctor  in  fighting 
the  corruptionists,  and  because  of  the  reform  he  had  inaugu- 
rated in  the  civil  government,  and  the  general  shaking-up  he 


A    I'l.lKJKV    l>i:AIiKR.  2fJ3 

gave  the  departments,  induced  the  citizens,  in  1884,  to  re- 
nominate liim  for  mayor,  notwithstandinf^  the  fact  that  the 
criniiiuils  who  worked  tlic  frauds  at  the  former  election  were 
still  in  power,  and  would  use  even  more  desperate  efforts 
than  before.  To  oppose  the  doctor,  the  Democratic  ring 
must  have  a  candidate  who  would  come  down  heavy  for  the 
corruption  fund,  and  satisfy  the  "  Ijetter  element  "  of  the 
party.  The  "better  element"  did  not  mean  the  honest 
voters,  but  that  class  who  believed  in  caste,  and  disdained 
any  man  who  was  poor,  or  sympathized  with  the  poor. 

A  very  natural  question  with  many  at  tliat  time,  even  in 
the  city  of  Albany,  was,  "  How  did  Dr.  Swinburne  become 
persuaded  to  accept  a  renomiiuition  for  mayor,  after  being 
cheated  out  of  his  election,  compelled  to  undergo  the  vexa- 
tion and  expense  of  a  litigation  for  fourteen  months  to 
recover  the  office  to  which  he  was  elected,  as  well  as  being 
subjected  to  the  abuse  of  Hale,  in  whom  he  placed  so  much 
confidence,  and  who  was  among  the  very  loudest  of  his  sup- 
porters ? "  The  best  way  to  answer  this  question  is  by 
copying  an  editorial  article  from  the  "  Press  and  Knicker- 
bocker "  (Independent  Democrat)  of  April  7,  1884.  The 
article  is  headed,  "  Swinburne's  Nomination,"  and  says, — 

"  With  some  it  has  been  an  enigma  how  Dr.  Swinburne, 
after  all  the  annoyance  he  has  been  subjected  to,  consented 
to  make  another  canvass  for  the  mayoralty.  We  confess 
ourselves  to  have  been  among  the  number  thus  situated,  and 
took  the  pains  to  inquire  into  the  matter.  We  know  him  to 
be  at  the  head  of  a  public  hospital  and  dispensar\%  in  charge 
of  a  staff  of  surgeons  and  ph3^sicians,  which  is  constantly 
thronged  with  patients  of  the  poorer  class,  seeking  relief 
without  the  means  of  paying  for  it ;  we  know  him  to  have  a 
large  private  practice  ;  and  we  know  his  tastes  and  inclina- 
tions were  not  of  a  political  nature.  We  therefore  took  it 
upon  ourselves  to  inquire  into  the  causes,  and  found  that  an 
appeal  had  been  made  to  him  by  leading  property-owners 
and  merchants,  representing  over  twenty  million  dollars' 
worth  of  property  subjected  to  taxation,  entreating  him  to 
take  the  field.  Such  an  appeal,  everybody  must  admit,  it 
would  be  hard  for  any  man  to  resist.  It  was  something  more 
than  a  compliment :  it  went  straight  to  the  man's  heart.    These 


264  A  TYPICAL  AMERICAN. 

gentlemen  knew  Dr.  Swinburne  to  be  a  humanitarian  tlirough- 
out ;  and  they  believed  if  he  would  listen  to  the  appeals  of 
the  maimed,  the  sick,  and  the  dying,  he  would  not  turn  a  deaf 
ear  to  the  appeals  of  the  tax-payers  of  this  ring-accursed  city. 
They  knew  he  had  the  ability,  the  courage,  and  the  indom- 
itable will  to  grasp  with  and  throttle  the  hydra-headed  ser- 
pent which  has  the  city  treasury  enfolded  in  its  coils.  Hence, 
in  their  despair,  they  turned  to  him  ;  and  he  consented  to  be 
their  candidate.  Dr.  Swinburne  is  a  man  of  great  executive 
ability,  of  immense  brain-power.  In  his  profession  he  has  no 
superior  organizer.  Fortunately  for  the  interests  of  the  city, 
he  has  his  free  hospital  and  dispensary  organized  so  fully  and 
systematically  that  he  is  able  to  give  all  necessary  attention 
to  the  duties  of  mayor.  He  has  been  an  active,  hard  worker 
all  his  life.  For  month  after  month  he  has  worked  from 
fifteen  to  eighteen  hours  per  day ;  and,  in  thousands  of  in- 
stances, he  has  worked  constantly,  without  the  respite  of  half 
an  hour's  sleep,  for  three  days." 

The  nomination  by  the  Citizens'  Association  was  promptly 
indorsed  by  the  Republicans;  and. the  struggle  opened  with 
honesty  and  fair  work  on  one  side,  while  corruption,  intrigue, 
lying,  and  deceit  were  the  weapons  used  on  the  other.  The 
"  Argus,"  true  to  its  policy  to  oppose  every  man,  whether 
Republican,  Democrat,  or  Citizen,  who  was  not  an  "  Argus  " 
(or  ring)  Democrat,  opened  its  flood-gates  of  filth,  basing 
all  its  abuse  on  the  statements  of  Hale,  and  a  physician  who 
was  opposed  to  the  doctor  professionally,  and  asserting  the 
doctor  never  did  any  thing  for  humanity.  This  was  the  only 
paper  that  would  stoop  so  low  as  to  abuse  the  doctor  person- 
ally. This  opposition  was  met  by  the  other  papers  ;  the 
"  Evening  Journal,"  in  an  article,  saying, — 

"  What  our  esteemed  contemporary,  the  '  Argus,'  expects 
to  gain  by  deriding,  vilifying,  and  insulting  Mayor  Swin- 
burne is  not  easy  to  understand.  There  is  neither  logic  nor 
argument  in  making  faces  and  calling  names.  No  reasonable 
person  will  be  moved  to  change  his  vote  by  such  tactics. 
The  'Argus'  may  think  that  its  course  of  action  will  lead 
the  public  mind  away  from  contemplation  of  important  fea- 
tures of  the  municipal  election,  but  it  is  mistaken.  Mayor 
Swinburne  rei')resents  the  element  that  fearlessly  antagonized, 
and  finally  drove  i'rom  power,  the  old  and  utterly  disreputa- 


A    PLUCKY    LKADEK.  265 

ble  elonuMit  that  had  hf^coiiK!  a  stench  in  the  iiostrihs  of  all 
decent  citizens.  Who  would  have  the  old  rcijime  rc-stcncd  r* 
Do  we  want  another  Nolan  dynasty?  Where  was  the  'Ar- 
gus' in  tlie  fight  made  under  the  leadership  of  Mayor  Swin- 
burne for  a  free  vote,  a  fair  count,  municipal  reform,  and  the 
ousting  of  the  city's  plunderers?  Jt  was  against  Mayor  Swin- 
burne and  it  is  against  him  now.  Where  were  the  peojde  in 
that  memorable  conflict ?  'I'hey  weic  with  Mayor  Swin- 
burne, and  against  the  '-  Argus.'  That  is  their  position  to- 
day, and  it  is  impregnable." 

"  The  Citizen,"  tlie  independent  organ  of  the  Citizens' 
Association,  said  of  him, — 

"Generous  John  Swinburne.  No  pen  of  ours  need  de- 
scribe him,  for  he  is  too  well  known  by  our  citizens  to  need 
description.  Bold,  fearless,  a  lion  in  combat,  and  as  gentle 
as  a  lamb  in  his  compassionate  tenderness  for  the  afflicted, 
he  is  the  noblest  type  of  manhood  that  ever  ventured  into 
the  arena  of  politics.  Those  who  have  seen  him  simply  at- 
tending to  his  professional  duties,  and,  like  the  ministering 
angel,  scattering  on  all  sides  the  magic  of  his  great  healing 
art,  have  no  adequate  idea  of  the  hero  who  has  devoted  his 
time  and  his  invaluable  services  to  an  attempt  to  ameliorate 
the  condition  of  his  fellow-citizens.  He  has  been  eminently 
successful  in  his  treatment  of  the  physical  ailments  of  the 
people ;  and  we  are  sure  that,  under  the  penetration  of  his 
lancet,  the  moral  condition  of  the  people  will  be  much  im- 
proved. 

"  But  he  is  not  suffered  to  pursue  his  way  in  peace.  The 
bloodhounds  of  calumny  and  slander  have  been  let  loose 
upon  his  track;  and  a  few  machine  sheets,  aided  by  a  few 
scalawag  lawyers,  seek  to  poison  the  public  mind  against 
him.  But  who  can  defame  the  name  of  John  Swinburne? 
Who  can  slander  his  great  reputation  as  a  philanthropist? 
Not  a  handful  of  disappointed  lawyers  !  Not  a  hundred  un- 
scrupulous editors!  The  name  of  Dr.  Swinburne  is  engraven 
on  the  hearts  of  the  people ;  and  despite  the  clamor  of  ring 
tools,  tricksters,  and  the  backbiting  of  liars,  the  genial, 
modest,  generous,  and  valiant  reformer  Mill  be  again  placed 
triumphantly  iu  the  executive  chair  of  the  city,  amid  the 
utmost  enthusiasm  of  all  good  citizens. 

"There  maybe  some  persons  who  will  be  influenced  by 
what  Matthew  Hale  said  about  Dr.  Swinburne  throuofh  the 
columns  of  a  paper  called  the  '  Argus,'  —  a  Democratic  organ 


266  A   TYPICAL   AMERICAN. 

which  seems  to  think  more  of  party  fealty  than  it  does  of 
honest  men  or  good  g-overnment.  Tliat  is  the  only  paper  in 
the  city  which  would  lend  its  columns  to  an  abuse  of  Mayor 
Swinburne,  and  it  does  it  on  political  grounds ;  while  Hale's 
is  a  personal  matter,  whicli  he  seeks  to  make  public,  thinking 
it  will  injure  Dr.  Swinburne  in  his  candidacy  for  mayor. 
Matthew  Hale  told  Dr.  Swinburne  in  the  spring  of  1883,  just 
before  the  doctor  started  on  a  trip  to  Kansas,  that  he  thought 
the  best  waj^  to  raise  the  money  to  defray  the  expense  of  tlie 
mayoralty  litigation  was  by  subscription;  and  he  accordingly 
drew  up  one,  which  was  signed  by  Hale  &  Bulkley  and  C.  P. 
Williams  for  two  hundred  and  fifty  dollars  each,  and  said  to 
Dr.  Swinburne,  'I  will  have  enough  raised  before  your  return 
to  pay  all  expenses.'  Does  that  look  as  if  Hale  intended  to 
look  to  the  doctor  for  the  money?  What  has  become  of  that 
paper,  or  how  much  money  was  raised,  is  not  knowvj.  More 
than  that,  a  perfectly  relial^le  gentleman  says  that  Hale  told 
him  that  if  Mayor  Swinburne  had  appointed  him  (Hale) 
corporation  counsel  he  would  not  have  made  any  charges  for 
his  services.  So  it  seems  that  the  depth  of  Hale's  earnestness 
was  measured  by  an  office ;  and,  because  he  did  not  get  it,  he 
is  found  now  on  the  side  of  the  very  parties  who  caused  Dr. 
Swinburne  to  be  defrauded  out  of  his  election.  Away  with 
such  consistency.  It's  a  sham;  and  Mr.  Hale  will  fall  —  in  the 
eyes  of  the  community  —  into  the  pit  he  is  trying  to  dig  for 
Mayor  Swinburne.  Mr.  Hale  has  something  to  say  about 
Mayor  Swinburne  hiding  behind  his  wife.  Who  did  Mr. 
Hale  hide  behind  when  the  Hon.  Henry  Smith  was  defending 
him  in  a  breach-of-promise  suit?  Perhaps  Mr.  Lightbody 
could  throw  some  light  on  the  subject.  Why  did  Mayor 
Swinburne  convey  his  property  to  his  wife?  Because,  when 
the  war  of  1861  broke  out,  he  felt  it  his  duty  to  go  into  the 
field  to  relieve  the  sick  and  wounded  patriots  —  many  of  them 
from  this  city —  who  were  enduring  every  hardship  to  save  our 
country ;  and  before  he  left  he  made  the  conveyance  to  his 
wife,  so  that  if  he  should  never  return  she  would  be  provided 
for.  Why,  Dr.  Swinburne  has  done  more  for  suffering  hu- 
manit}"  in  one  day  than  Matthew  Hale  has  done  in  all  his 
life.  Then  for  him,  in  a  sneering  manner,  to  assert  that  Dr. 
Swinburne  made  the  said  conveyance  to  get  rid  of  paying  his 
honest  debts,  is  not  only  contemptible,  but  false.  The  sale 
of  Hale's  property  was  like  Billings's  boots  and  Billings's 
gun.  The  whole  matter  means  persecution,  and  at  a  time 
when  they  think  it  will  injure  the  mayor.  But  in  this  they 
will  find  themselves  mistaken ;  for,  the  more  they  persecute 


A    PLUCKY    LKADFat.  2^)7 

liini,  tli(5  louder  are  the  masses  in  liis  {jiaise.  Tlio  {icoplo 
know  Dr.  Swinburne ;  and  whatever  disappointed  ofliee- 
Heeker^i  and  Demociatic-ring  henchmen  may  say  derogatory 
of  him,  falls  Hat  to  the  ground. 

•'One  thing  more  we  d(!sire  to  call  tlie  attention  of  the 
public  to,  which  sliows  [)laiidy  that  Mayor  Swird)urne  is  wil- 
fully and  maliciously  persecuted;  and  that  is  tlie  publication 
at  this  time  of  the  proceedings  of  a  court  instituted  to  in- 
quire into  the  private  and  personal  matters  of  an  individual. 

"In  conclusion,  and  in  order  th.at  the  people  may  see  for 
themselves  how  the  patriotism  of  Matthew  Hale  oozed  out  in 
the  short  space  of  fourteen  months,  we  lay  before  them  the 
following  resolution,  which  was  offered,  among  others,  by  him 
while  making  a  speech  at  the  grand  indignation  meeting 
held  at  the  old  Capitol  the  night  after  the  last  mayoralty 
election  :  — 

"  ^liesolrcd,  That  we  pledge  ourselves,  so  far  as  our  means  and  circum- 
stances may  perniit,  to  contribute  of  our  time,  of  our  energies,  and  our 
money,  to  carry  out  tlie  spirit  of  this  meeting,  to  defeat  the  ai)parent  con- 
spiracy against  the  ballot-box,  to  vindicate  the  will  of  the  people,  and  to 
punish  those  guilty  of  tlie  oifences  charged,  ■which  are  the  grossest  possi- 
ble crimes  against  a  free  government.' 

"We  will  leave  it  to  our  readers  to  judge  how  Mr.  Hale 
lived  up  to  the  spirit  of  the  above  resolution,  and  as  to  how 
much  of  his  time,  his  energies,  and  his  money  he  contributed 
to  further  the  cause  of  honest  elections  and  good  govern- 
ment." 

The  attacks  of  the  "Argus,"  that  Mayor  Swinburne  had 
never  done  any  thing  for  humanity,  is  answered  in  the 
"  Press  and  Knickerbocker  "  in  these  words  :  — 

"In  the  editorial  page  of  the  '  Argus '  is  a  statement  to  the 
effect  that  John  Swinburne  had  done  nothing  for  humanity. 
Was  it  nothing  he  did,  when,  during  the  War  of  the  Rebel- 
lion, he,  time  and  again,  of  his  own  accord  and  at  his  own 
expense,  hurried  away  to  the  scenes  of  suffering  and  death  to 
relieve  the  wounded  of  our  New-York  companies;  passing 
through  the  lines,  allowing  himself  to  be  made  a  prisoner  of 
war  by  the  rebels,  if  haply  he  might  save  the  lives  of  our 
brothers,  fathers,  and  sons  ?  Was  it  nothing,  when,  on  such 
occasions,  he  used  to  go,  and,  on  his  own  shoulders,  carry 
provisions  for  miles  to  feed  the  wounded  prisoners?  Will 
the  foiu'teen  thousand  poor  and  unfortunate  who  are  annu- 
ally cared  for  at  his  dispensary  on  Eagle  Street  say  that  he 
has  done  nothing  for  humanit}'? 


268  A   TYPICAL   AMERICAN. 

"  Let  the  poor  man  and  the  laboring  man,  when  he  goes  to 
the  polls  to-morrow,  ask  himself  this  question,  'If  accident 
or  disease  were  to  befall  my  family  to-day,  to  whom  would  I 
go  for  aid,  to  the  silk-stocking,  purse-proud  Banks,  or  to  the 
large-hearted  man,  the  people's  friend,  John  Swinburne?' 
and  vote  accordingly. 

"The  'Argus'  evidently  begins  to  think  'the  better  ele- 
ment '  will  not  save  the  ring,  and  that,  too,  after  putting  on 
such  a  bold  front ;  for  who  ever  heard  of  such  a  thing  before 
as  the  leading  Democratic  daily  issuing  an  extra  campaign 
sheet  in  a  simple  charter  election,  wlien  they  have  every 
tiling  their  own  way,  and  a  Democratic  majority  of  fifteen 
hundred  at  least  to  back  them  ?  We  like  it;  and  would  will- 
ingly pay  for  an  extra  edition  of  the  '  Argus '  on  Monday, 
because  it  makes  votes  for  Swinburne.  We  would  like  the 
'Argus'  to  attack  Mayor  Swinburne's  official  acts,  if  it  dare. 
It  has  avoided  doing  that,  and  devoted  itself  to  personal 
attacks ;  and  they  have  re-acted  upon  itself  disastrously. 

"  But  this  election  is  not  on  a  question  of  politics:  it  is 
one  of  good  government.  It  is  quite  the  common  remark  of 
some  of  those  who  to-day  arrogate  to  themselves  the  title 
of  'blue-bloods'  to  say,  'We  want  one  of  our  own  set  for 
mayor.'  But  the  people  —  the  laborer,  the  merchant,  the 
artisan,  and  the  poor  man  —  will  see  to  it  that  we  have  one 
of  the  people  for  that  office,  not  an  aristocrat." 

It  was  a  lemarkable  incident  in  political  contests  in  Albany, 
that  only  one  paper  published  in  the  city  had  any  thing  to 
say  against  the  nomination  of  Dr.  Swinburne ;  a  hearty  and 
cordial  support  being  given  him  by  the  two  Republican 
journals,  by  the  "  Press  "  (Independent  Democrat)  and  the 
"  Post "  (Independent),  besides  the  organ  of  the  Citizens' 
Association,  "The  Citizen,"  while  the  "Times,"  an  honora- 
ble Democratic  sheet,  was  silent. 

The  "Evening  Journal"  (Republican)  said, — 

"  The  renomination  of  Dr.  John  Swinburne  for  mayor  was 
assured  from  the  day  when,  after  long,  vexatious,  and  ob- 
structive delay,  he  was  given  the  office  by  the  courts,  which 
he  had  faiily  won  at  the  polls  months  before.  Indeed,  so 
evidently  just  and  proper  was  this  course  recognized  to  be, 
that  at  no  time  have  the  names  of  any  contestants  for  the 
honor  and  responsibility  of  the  position  been  mentioned. 
Even  in  the  unfortunate,  and  we  believe  unnecessary,  differ- 


A    PLUCKY    LEADKR.  2G9 

eiicos  which  have  arisen  in  tlie  party,  there  is  complete  and 
cnij)hatic  accord  that  Dr.  Swinl)iirne  deserves  and  must 
receive  tlie  voles  of  all  lke|iul)Iicans. 

"  JUit  the  votes  of  Rcpiihlicans  will  not  Ix;  cnoii^^rji  to  se- 
cure an  election.  They  do  not  ac(;inately  measure  tlie  extent 
of  the  supj)ort  t'>  which  Mayor  Swinburne  is  entitled.  Jlis 
canvass  this  year  rests  on  liigher  grounds  than  partisanship, 
and  appeals  to  a  laiger  constituency  than  a  party.  It  may 
fairly  l)e  (piestioned  at  any  time  whether  tlie  broad  lines  on 
which  men  divide  in  National  and  State  politics  form  the 
basis  of  a  legitimate  division  of  sentiment  on  questions  re- 
lating sim[)ly  to  honest  and  economical  municipal  administra- 
tion. Certainly  they  have  no  place  in  the  election  to  be  held 
in  this  city  a  week  from  to-morrow.  Only  two  questions  are 
to  be  answered  at  the  polls  on  that  day:  first,  whether  the 
claim  in  political  equity  of  John  Swinburne  to  a  full  term  as 
mayor  shall  be  allowed;  and,  second,  whether  the  certainty 
of  a  ruggedly  honest  local  administration  shall  be  sacrificed 
to  the  possibility  of  a  return  of  the  corrupt  and  extravagant 
government  of  the  old  Democratic  ring. 

"No  fair-minded  man  can  deny  the  right  of  Dr.  Swinburne 
to  a  re-election.  For  fourteen  months  he  was  kept  out  of 
the  office  to  which  he  was  chosen.  For  more  than  half  his 
term  a  usurper  filled  his  place.  The  wrong  was  finally  set 
right,  but  less  than  one-half  the  stolen  goods  were  returned. 
The  time  for  full  restitution  has  now  come.  The  morality 
of  the  issue,  however,  is  but  one  aspect  of  it.  For  more  than 
a  year  Dr.  Swinburne  carried  on  an  untiring  warfare  —  at 
what  detriment  to  himself  none  but  himself  can  accuratelv 
estimate  —  to  secure  to  the  citizens  of  Albany  rights  of 
which  they  had  been  forciblj^  robbed.  Others  had  attempted 
the  same  fight;  but  they  had  become  disheartened  and  dis- 
mayed at  the  vicious  power  arrayed  against  them,  and  had 
succumbed  in  failure.  When  it  seemed  that  the  people  of 
Albau}-  were  never  again  to  have  their  votes  counted  as  they 
were  cast,  tlie  unllagging  pugnacity  of  this  man,  almost  sin- 
gle handed  and  alone,  won  back  for  them  this  primal  right 
of  citizenship.  It  is  not  in  gratitude  simply  for  these  exer- 
tions that  INlayor  Swinburne  asks  the  suffrages  of  the  citizens 
of  Albany,  which  he  has  almost  literally  given  them.  It  is 
further  in  the  belief  that  by  their  ingratitude  now  they  will 
not  say  to  others,  should  the  same  emergency  again  arise, 
'  we  are  indifferent  to  your  labor,  and  careless  to  our  interests 
which  you  seek  to  protect." 

''Even  were  there  no  such  commanding  principles  of  right 


270  A   TYPICAL  AMERICAN. 

and  wrong  involved  in  this  election,  the  good  government  of 
the  city  requires  the  re-election  of  the  present  mayor.  Dur- 
ing his  brief  administration,  every  interest  of  the  city  has 
been  carefully  guarded.  Expenses  have  been  reduced,  offi- 
cials have  been  forced  to  the  performance  of  long-neglected 
duties,  order  and  economy  have  been  established  in  all 
departments  of  the  city's  service." 

The  "  Express  "  of  April  8,  said,  — 

"True  to  its  character  and  traditions,  the  'Argus,'  which 
called  on  the  Grand  Army  of  the  Republic  to  disband,  and 
asserted  that  its  prominent  membership  comprised  '  loud, 
brawling  men,  who  went  to  the  war  to  escape  their  characters, 
or  because  there  was  money  in  it,'  now  attacks  a  man  who 
was  captured  a  prisoner  of  war  before  he  would  desert  the 
soldiers  wounded  on  the  battlefield,  the  living  among  whom 
now  wear  the  badge  of  that  organization.  That  man  was 
Dr.  John  Swinburne." 

The  "Express"  (Republican)  thus  indorsed  the  nomina- 
tion :  — 

"  For  a  long  time  past  it  has  been  apparent  that  the  Re- 
publican City  Convention  would  indorse  the  nomination  of 
Dr.  John  Swinburne  for  mayor,  as  made  by  the  Independent 
Citizens'  Convention.  There  was,  indeed,  no  other  candidate 
for  the  office  on  the  Republican  side.  Delegates  and  others 
remembered  the  proceedings  of  the  convention  two  years  ago, 
when  a  '  straight '  Republican  ticket  was  placed  in  the  field, 
and  the  gentleman  at  the  head  of  it  declined  to  go  into  the 
race.  They  remembered  the  plucky  fight  made  by  Dr.  Swin- 
burne against  corrupt  ring-rule,  and  the  victory  he  won,  with- 
out the  use  of  money.  They  further  remember  the  gallant 
fight  he  made  against  the  inspectors,  who  sought  to  deprive 
the  people  of  their  just  rights  by  counting  him  out,  and 
against  the  man  who  for  several  months  took  advantage  of 
the  false  count.  The  people  admire  pluck :  they  can  forgive 
a  man  for  wanting  in  some  other  qualities,  if  he  has  the 
courage  to  stand  up  and  fight  for  his  own  and  their  rights. 

"So  it  was  a  foregone  conclusion  that  Dr.  Swinburne 
would  be  nominated  by  the  Republicans.  He  had  earned 
the  distinction.  All  factions  into  which  the  party  in  this  city 
is  unfortunately  divided  were  agreed  that  he  should  be  the 
candidate.  For  fourteen  months  kept  out  of  the  office  to 
which  he  was  elected  by  the  people,  by  an  iniquitous  combi- 


A    CLdCKV    LEADKIl.  271 

nation,  it  seemed  to  most  ri<:jlii-min(le(l  pcoj)lc  only  fair  and 
just  that  he  shoidd  l)e  elected  for  another  term  ;  and  the 
expectation  is  that  he  will  be  by  a  majority  of  sufficient  i)ro- 
])ortious  to  deter  dishonest  inspectors  from  making  another 
attempt  to  count  iiim  out. 

"Dr.  Swinbui-ne's  administration  of  the  office  of  mayor 
lias  not,  in  all  things,  been  to  our  liking.  Hut  it  has  been  a 
great  improvement  upon  that  of  his  predecessors,  and  has 
been  thoroughly  bold  and  courageous.  Let  the  '  Fighting 
Doctor'  have  the  chances  which  will  be  afforded  by  another 
term.  The  peoj)le  have  good  reason  to  kiunv  that  he  means 
to  be  their  friend,  not  only  in  the  matter  of  endeavoring  to 
heal  such  of  them  as  are  sick  and  afflicted,  but  also  in  affairs 
of  municipal  taxation  and  expenditure.  We  know  it  is  al- 
leged that  some  Republicans  will  refuse  to  vote  for  the  doc- 
tor. Probably  the  allegation  is  true.  It  was  so  two  yenrs 
ago  ;  but  he  was  elected  nevertheless.  But  mark  this,  for 
every  Republican  vote  the  doctor  loses  he  will  receive  ten 
from  the  other  side.  The  citizens,  irrespective  of  party,  are 
very  much  in  earnest  in  this  matter." 

These  two  articles  from  the  many  published  in  these  papers 
recognized  as  the  organs  of  the  two  wings  of  the  Republican 
party  in  Albany,  the  city  of  political  contentions,  differences, 
and  jealousies,  clearly  demonstrate  the  unanimity  of  feeling 
that  existed  on  all  sides  toward  this  non-factional  Republican 
and  thorough  representative  of  the  people.  A  support  such 
as  these  gave  is  made  more  significant  because  of  the  silence 
of  one  Democratic  paper,  and  the  hearty  support  given  him 
by  another  Democratic  journal  having  the  largest  circulation 
of  any  paper  published  in  Albany. 

The  renomination  of  Mayor  Swinburne  was  recognized, 
not  only  by  the  respectable  Press  of  the  city,  as  a  wise  and 
advanced  step  in  reform  and  good  government,  but  b}'  the 
Press  of  other  sections  having  an  interest  in  seeing  fraud  and 
political  dishonesty  driven  out  of  the  civic  government  of  the 
capital  city.  Among  these  was  the  "  Troy  Evening  Times," 
which,  after  watching  the  administration  of  Mayor  Swinburne, 
said,  in  its  issue  of  March  31,  — 

"  The  Republicans  of  Albany  have  nominated  Dr.  Swin- 
burne for  the  office  of  mayor.     He  deserves  this  indorsement. 


272  A  TYPICAL  AMERICAN. 

He  was  the  only  citizen  who  apparent! }'■  had  the  courage  and 
determination  to  fight  the  corrupt  Nohm-ring  government. 
He  won  the  struggle  only  after  a  long  and  costl}^  controversy 
before  the  courts,  and  to-day  the  city  of  Albany  is  enjoying 
the  fruits  of  his  victory  in  a  better  government  than  it  had 
had  for  many  years  before.  The  chances  seem  to  favor  Dr. 
Swinburne;  as  his  election  would  best  subserve  the  public 
interest,  and  give  the  people  a  government  wholly  freed  from 
ring-rule  or  grossly  partisan  administration." 

In  answering  the  only  attacks  that  the  opponents  of  Dr. 
Swinburne  could  make  against  him,  which  were  all  ground- 
less and  of  a  personal  nature,  the  "Express,"  in  an  article 
published  April  5,  1884,  under  the  head  of  "  The  Tactics 
against  Dr.  Swinburne,"  said, — 

"In  the  history  of  local  politics  in  this  city  and  county 
it  would  be  difficult  to  recall  a  more  cowardly  or  dastardly 
attack  upon  the  character  of  a  political  opponent  who  hap- 
pens to  be  a  candidate  for  ofSce  than  has  been  made  by  the 
enemies  of  Dr.  Swinburne,  the  Republican  candidate  for 
mayor.  The  columns  of  the  'Argus'  are  daily  filled  with 
personal  abuse  of  a  man  whom  that  journal  ought,  in  most 
things,  to  commend.  Efforts  are  constantly  made  to  show 
that  the  doctor  does  not  pay  his  just  debts  ;  but  so  far  noth- 
ing in  that  direction  has  been  proved,  except  that  he  has 
refused  to  pay  the  exorbitant  bills  of  certain  lawyers  who 
pushed  him  into  the  mayoralty  contest  with  Mr.  Nolan, 
organized  and  addressed  'indignation'  meetings  over  the 
gross  frauds  perpetrated  at  the  municipal  election  of  1882, 
and  were  piot'use  in  their  tender  of  services  to  bring  about  a 
correction  of  the  abuses  of  which  they,  and  good  citizens  gen- 
erally, complained  of.  One  lawyer  presents  a  bill  of  nearly 
four  thousand  dollars,  which  he  asks  the  doctor  to  pay. 
Another  modestly  requests  the  doctor  to  hand  him  over  fif- 
teen hundred  dollars.  There  are  plenty  of  working-people 
in  the  city,  skilled  and  competent  workingmen  at  tliat,  who 
would  be  glad  of  an  opportunity  to  work  three  years  for  the 
compensation  which  one  of  these  lawyers  demands  of  Dr. 
Swinburne  for  tlie  few  days'  time  he  devoted  to  the  suit 
brouglit  to  vindicate  the  light  of  the  people  to  select  their 
magistrates,  and  to  seat  them  when  elected. 

•"  It  is  a  pretty  hard  thing  to  ask  a  man  to  pay  out  in  law- 
yers' fees  and  costs,  in  an  action  brought  to  preserve  his 
own  and  the  people's  rights,  pretty  nearly  double  the  sum 


A   PLUCKY  LEADER.  273 

he  receives  for  saliiry  for  the  full  term  of  the  office  wlien 
it  is  finally  awarded  to  him  by  the  courts.  It  miiat  require 
'chock,'  to  say  the  least,  for  a  lawyer  who  engages  in  a  case 
of  this  nature,  from  alleged  patriotic  mcitives,  to  send  in  a  bill 
for  his  'services,'  amounting  to  more  than  a  year's  salary  of 
the  office  finally  awarded  to  the  plaintiff.  In  the  other  con- 
tested mayoralty  cases  in  Albany,  —  those  between  Quack- 
enbush  and  Perry  and  Judson  and  Thacher,  —  the  entire 
expenses  of  the  litigation  were  borne  by  the  cit}'.  This  time, 
although  the  courts  have  decided  that  Dr.  Swiid)urne  was 
fairly  elected  to  the  office,  he  is  asked  to  put  his  hand  into 
his  pocket  and  pay  all  the  expenses,  including  the  exorbi- 
tant lawyers'  fees.  It  is  not  true,  as  we  understand  the  facts, 
that  Dr.  Swinburne  does  not  pay  his  'just  debts.'  He  pays 
his  grocer  and  his  butcher,  the  dry-goods  merchant,  the  tailor, 
the  coal  dealer.  His  just  debts  he  does  pay:  there  are  some 
which  he  considers  to  be  of  a  different  nature,  which  he  de- 
clines to  liquidate.  Not  every  voter  in  Alban}^  blames  liim 
for  pursuing  that  course. 

"It  is  undoubtedly  true  that  Dr.  Swinburne  is  not  as  rich 
a  man  as  the  Hon.  A.  Bleecker  Banks.  He  cannot  afford 
to  live  in  as  grand  style  as  that  gentleman  does.  Probably 
he  cannot  afford  to  contribute  as  liberally  to  the  '  campaign 
fund  '  as  his  competitor  can.  Part  of  his  modest  residence 
is  occupied  as  a  dispensary,  where  the  sick  and  the  afflicted 
are  treated,  and  without  charge  if  they  have  not  the  means 
of  paying.  The  rich  and  the  poor  are  there  treated  alike. 
Only  those  pay  who  can  afford  it.  Of  course  the  doctor's 
enemies  say  that  all  this  is  done  for  effect.  Suppose  it  is:  it 
is  done  all  the  same,  and  the  people  reap  the  advantage. 
Those  who  are  healed  under  his  care  or  direction  will  not  be 
likely  to  inquire  very  anxiously  about  the  motive  the  doctor 
had  in  treating  them. 

"  Yes,  we  suppose  Mr.  A.  Bleecker  Banks  is  much  the 
richer  of  the  two  candidates  for  mayor.  But  we  venture  the 
assertion  that  in  time  and  money  and  skill  the  doctor  has 
contributed  to  the  relief  of  suffering  humanity  tenfold  as 
much  as  his  opponent.  To  attempt  to  hold  up  such  a  man 
to  public  execration,  to  harass  him  with  '  supplementary 
proceedings '  because  he  refuses  to  be  ground  by  grasping 
lawyers,  and  to  daily  fill  the  columns  of  a  newspaper  with 
coarse  abuse  of  one  who  has  done  so  much  good  as  Dr.  Swin- 
burne, is  neither  manly  nor  courageous.  Perhaps  it  is  just 
as  well  for  the  doctor,  for  in  the  end  it  will  re-act.  The 
people  are  not  fond  of  too  much  of  that  kind  of  opposition."' 


274  A  TYPICAL    AMERICAN. 

In  this  election  the  candidate  opposed  to  Dr.  Swinburne 
was  a  gentleman  of  great  wealth  and  social  position,  president 
of  a  very  large  corporation,  and  of  whom  the  Press  said,  when 
he  was  elected  mayor  in  1876,  by  a  majority  of  fifteen  hun- 
dred, "He  is  a  young  and  rising  citizen.  He  has  proved 
thus  far  a  very  available  candidate  for  the  Democracy."  The 
Democratic  candidate  had  twice  been  elected  to  the  State 
Senate,  in  1869  and  1870,  by  large  majorities  ;  and  hence 
the  impression  that  he  was  an  available  candidate.  He  was 
considered,  because  of  his  wealth  and  social  position,  again, 
"  a  very  available  candidate."  But  notwithstanding  these 
strong  elements,  and  a  reputed  electioneering  fund  of  forty 
thousand  dollars  to  support  the  ticket,  and  all  the  Herculean 
efforts  of  his  party,  and  the  practice  of  their  political  tactics 
in  counting  the  returns,  it  required  up  into  the  "  wee  sma' 
hours"  of  the  morning  to  figure  out  an  apparent  majority 
against  the  doctor  of  two  hundred  and  fifty. 

The  feeling  in  the  city  on  the  evening  of  the  election  was 
intense ;  and  as  messengers  were  seen  hurrying  too  and 
from  Democratic  headquarters,  and  carriages  with  the  leaders 
rapidly  drove  from  one  section  of  the  city  to  the  other,  it  was 
pretty  generally  believed  the  ring  had  been  again  honestly 
vanquished  by  the  "  Figliting  Doctor,"  and  that  a  forlorn  hope 
was  being  fought  under  the  darkness  of  night,  and  after  the 
poles  were  closed,  to  save  the  ring  from  complete  rout. 

The  announcement  that  the  ring  liad  succeeded  did  not 
surprise  the  people  of  Albany;  and  it  was  hoped  another 
investigation  would  take  place,  and  that  justice  should  be 
done  the  people.  In  announcing  the  result  the  "  Troy  Times  " 
said, — 

"The  Albany  city-election  yesterday  resulted  in  the  defeat 
of  Dr.  Swinburne,  who  had  been  renominated  for  mayor  by 
the  Republicans,  and  a  victory  for  the  entire  Democratic 
ticket.  This  result  was  the  finale  of  a  memorable  campaign, 
in  which  every  device  that  desperation  could  invent  was 
called  into  play.  An  enormous  corruption  fund  was  raised, 
and  money  flowed  like  water  from  the  pockets  of  the  politi- 
cians. For  days  the  Democrats  had  poured  out  upon  Dr. 
Swinburne  a  deluge  of  vilification  and  falsehoods  such  as  few 


A   PLUCKY   LEADKR.  275 

candidates  ever  ciK^ouiitcrod,  no  lie  l)eiiig  too  riKMistrous  for 
assertion  and  circulation.  At  the  polls,  yesterday,  fraud  was 
freely  einploycHl  to  compass  Swinburne's  defeat.  To  comhat 
against  all  tluiso  adv(M'sc  inlliienccs  called  for  Herculean 
strength  on  the  doctor's  part;  and,  under  the  circumstances, 
it  is  amazing  that  he  should  be  deieated  by  less  than  three 
liundred." 

The  "  Express,"  in  announcing  the  results  of  the  election 
and  the  count  on  the  morning  after,  said,  — 

"  Dr.  John  Swinburne,  the  Republican  and  Citizens'  candi- 
date for  mayor,  is  alleged  to  have  been  defeated  by  the  meagre 
majority  of  two  hundred  and  forty-one,  in  a  poll  of  nearly 
twenty  thousand  votes.  The  doctor  had  no  money  to  spend  in 
this  election.  Such  as  he  has  made  and  saved  has  been  freely 
expended  in  the  maintenance  of  a  dispensary  and  hospital, 
where  the  poor  have  been  treated  without  fee  or  reward,  and 
only  those  of  means  asked  to  pay.  That  is  not  a  lucrative 
sort  of  business,  in  one  sense  of  the  phrase  ;  but  in  another 
sense  it  pays.  Yesterday's  vote  shows  it.  With  a  corruption 
fund  of  fifty  thousand  dollars  against  him,  —  with  the  mem- 
bers of  the  State  Committee,  the  chairman  and  one  of  the 
secretaries  of  the  County  Committee,  and  certain  prominent 
Federal  office-holders  also  against  him,  —  the  best  showing  the 
opposition  to  Dr.  Swinburne  can  make  is  given  in  the  figures 
printed  above. 

''■  Of  course  it  was  not  an  honest  count.  Of  course  the  courts 
will  be  compelled  to  reverse  the  figures,  as  they  were  in  the 
contest  between  Swinburne  and  Nolan  two  3-ears  ago.  Frauds 
upon  the  ballot-box,  as  against  Dr.  Swinburne,  were  undoubt- 
edly committed  yesterday  in  the  eastern  district  of  the  sixth, 
the  eastern  district  of  the  seventh,  in  the  eighth,  in  the 
northern  district  of  the  ninth,  and  in  the  middle  and  eastern 
districts  of  the  sixteenth  wards.  These  frauds  will  be  fer- 
reted out,  and  this  time  by  lawyers  who  will  not  charge 
exorbitant  fees  for  the  performance  of  alleged  '  patriotic  '  ser- 
vice. The  people  will  see  to  it,  this  time,  that  the  rights  of 
the  majority  are  vindicated ;  and  that  repeaters,  ballot-box 
stuffers,  and  dishonest  inspectors  are  not  jTermitted  to  have 
things  entirely  their  own  way.  The  doctor  has  already  given 
evidence  that  he  knows  how  to  fight  for  his  own  and  the  peo- 
ple's rights.  He  will  be  quite  as  ready  to  make  a  fight  of 
that  kind  to-morrow  as  he  was  two  years  ago. 

"  The  city  was  flooded  with  Democratic  money  yesterday. 


276  A   TYPICAL   AMERICAN. 

It  was  as  free  as  water.  There  was  none  upon  the  other  side. 
And  yet,  notwithstanding  tliis  lavish  expenditure  of  Demo- 
cratic funds,  the  inspectors  are  able  to  count  out  the  doctor 
by  only  the  bare  majority  named  above.  It  was  a  wonderful 
fight  that  the  workingmen  made  yesterday  against  the  Demo- 
cratic candidates  and  their  corruption  fund.  Mr.  Banks, 
surely,  has  no  reason  to  feel  proud  over  his  alleged  '  victory.' 
Nor  have  the  Republicans  and  workiugmen  auy  reason  to  feel 
ashamed  over  the  showing  they  made  yesterday.  If  they 
had  undertaken  to  buy  the  venal  and  corrupt,  not  even  dis- 
honest inspectors  would  have  had  the  cheek  to  endeavor  to 
count  them  out.  But  tlie  '  buying  '  business  was  left  to  the 
'  better  elemejit '  yesterday.  A  day  of  reckoning  is  coming, 
gentlemen.  Corruption  funds  will  not  always  tell.  Honest 
citizens  are  learning  their  rights,  and,  knowing  them,  will 
dare  maintain  them.  Political  rings  and  political  corruption- 
funds  must  go." 

To  accomplish  the  results  claimed  by  the  ring,  the  most 
desperate  efforts  were  resorted  to  during  the  election,  as  well 
as  in  counting  the  votes :  Republican  watchers  were  brutally 
beaten  at  the  polls ;  old  men  were  assaulted,  while  others  were 
prevented  from  reaching  the  polls  and  depositing  their  bal- 
lots ;  and  open  bribery  was  carried  on  all  da3^  —  the  price 
paid  for  votes  in  some  wards  being  as  high  as  eight  dollars  a 
vote. 

The  "  Journal,"  in  commenting  on  the  returns,  asserted 
there  had  been,  unquestionably,  fraud  and  violence  practised 
during  the  election,  and  wondered  if  A.  B.  Banks  would  dare 
to  take  the  office  under  the  circumstances,  asserting  there 
was  evidence  sufficient  to  establish  fraud,  in  the  mind  of  any 
fair  man,  at  the  returns.  The  total  vote  cast  at  that  election 
was  19,914,  an  excess  of  1,354  over  1882,  which  was  proven 
to  have  been  greatly  increased  by  fraudulent  votes.  This 
increase  the  "  Journal "  claimed  was  not  possible  in  the 
growth  of  the  city  population  in  that  time. 

On  account  of  the  serious  illness  of  Dr.  Swinburne,  result- 
ing from  overwork  and  blood-poisoning  while  performing  an 
operation,  he  was  unable  physically  to  contest  the  seat  to 
which  he  was  elected,  but  which  was  accorded  to  his  oppo- 
nent, and  went  West  to  recuperate  his  health.     A  few  days 


A    I'LIJC'KY    LKA\>FAi.  211 

before  liis  rctui'ii  to  tin;  ci(;y  it  vviis  hjiii'iied  tliiit  lio  was  on 
his  way  hoiiK! ;  ;i,ii(l  the  Citizcnis'  Association,  under  l^resident 
Williiun  Manson,  decided  to  exteml  to  liini  a  rece[)tion  on  his 
arrival.  Tliis  was,  at  its  inception,  intended  to  be  confined 
to  the  association  ;  but  no  sooner  was  the  announcement  made 
than  it  assumed  a  popuhxr  movement,  in  which  the  almost  en- 
tire community  expressed  a  desire  to  take  part.  Not  the  least 
prominent  jvmong  those  desiring  to  participate  were  many 
who,  although  having  voted  against  the  doctor,  believed  he 
had  been  a  second  time  defrauded,  and  were  willing  to  so  tes- 
tify. A  large  numl)er  of  his  political  opponents,  who  always 
vote  the  party-ticket,  also  desired  to  unite  in  their  personal 
appreciation  of  the  doctor  as  a  philanthropist  and  citizen,  and 
in  expressing  their  satisfaction  at  his  returning  health  and 
vigor.  On  the  evening  of  his  return,  July  24,  1884,  although 
but  a  few  days  had  elapsed  from  the  time  it  was  known  he 
was  to  arrive,  Albany  was  the  the  scene  of  one  blaze  of  enthu- 
siasm, such  as  it  has  never  before  or  since  accorded  any  man, 
whether  public  or  private  citizen.  From  the  depot,  along 
the  route  of  march  to  his  residence,  the  streets  were  packed 
with  a  solid  mass  of  humanity;  while  the  sound  of  a  cheering 
multitude  made  the  hills  around  echo,  and  the  heavens  were 
made  brilliant  with  a  grand  pyrotechnic  display.  The  ar- 
rangements, in  which  several  of  the  Republican  clubs  and 
thousands  of  citizens  participated,  were  under  the  direction 
of  President  William  Manson  and  a  committee  of  the  In- 
dependent Citizens'  Association.  In  the  demonstration  a 
number  of  physicians  of  the  city  and  from  the  surrounding 
country  took  an  active  part.  Of  this  reception,  the  "  Ex- 
press "  (Republican)  said,  — 

"  Our  ex-mayor,  John  Swinburne,  was  the  recipient  of  an 
ovation  last  evening,  at  the  hands  of  his  fellow-citizens  and 
admirers,  that  was  not  only  a  pronounced  indorsement  of  his 
oliicial  career,  but  a  personal  compliment,  carrying  with  it  the 
evidence  of  the  high  regard  in  which  he  is  held  by  a  very 
large  constituency.  The  reception  was  conceived  and  carried 
out  under  the  direction  of  the  Independent  Citizens*  Associa- 
tion. The  line  w^as  formed  at  half-past  seven  p.m.,  and  moved 
to  the  Union  Depot. 


278  A   TYPICAL   AMERICAN. 

"  An  immense  throng  of  citizens  surrounded  the  depot ;  and, 
as  Dr.  Swinburne  entered  his  carriage,  he  was  greeted  with 
tumultuous  cheers  and  a  blaze  of  pyrotechnics.  The  carriage 
of  the  ex-niayor  was  placed  between  the  ranks  of  the  Citi- 
zens' Association,  and  the  line  of  march  taken  up  as  follows  : 
Broadway  to  Hudson  Avenue,  to  Green,  to  State,  to  South 
Pearl,  to  Hudson  Avenue,  to  Eagle.  Along  the  entire  march 
the  doctor  was  vociferously  applauded.  The  residence  of 
the  ex-mayor  was  brilliantly  illuminated,  and  the  trees  beau- 
tifully festooned  with  Chinese  lanterns.  The  roadway  and 
sidewalks,  for  at  least  a  block  on  each  side,  were  packed  with 
a  dense  mass  of  people.  After  a  brief  space  Dr.  Swinburne 
appeared  upon  the  balcony,  accompanied  by  John  T.  McDon- 
ough,  Esq. ;  and  several  minutes  elapsed  before  the  latter 
gentleman  could  make  his  introductory  speech,  so  prolonged 
was  the  welcoming  and  the  hearty  cheers.  Mr.  McDonough, 
in  a  brief  speech,  stated  the  cause  of  the  demonstration, 
alluded  to  the  sterling  qualities  of  Dr.  Swinburne  as  an  offi- 
cial, a  philanthropist,  and  a  citizen,  and  on  the  part  of  the 
citizens  of  Albany  welcomed  him  to  his  home.  The  doctor 
responded  in  a  few  words,  in  his  characteristic  way,  and 
expressed  his  gratitude  for  honors  shown  him.  With  three 
hearty  cheers  for  Mayor  Swinburne  the  ovation  ended,  and 
the  line  was  dismissed.  The  demonstration,  as  a  whole,  was 
unique  in  its  way,  and  one  that  cannot  fail  to  be  always  held 
by  the  recipient  in  grateful  remembrance." 

The  "  Press  and  Knickerbocker  "  (Independent  Democrat) 
said  of  the  demonstration, — 

"  Ex-Mayor  John  Swinburne  returned  from  his  Western  farm 
at  Silver  Lake,  Shawnee  County,  Kan.,  at  eight  o'clock  last 
evening,  having  been  absent  from  the  city  since  May  8. 

"  For  the  past  few  days  the  Citizens'  Association  had  been 
arranging  for  a  proper  reception  of  the  distinguished  gentle- 
man. It  was  found,  however,  that  the  public  were  desirous  of 
cordially  co-operating  with  the  movement ;  and  the  ovation  of 
last  night  was  a  grand  recognition  of  the  many  acts  which 
have  endeared  Dr.  Swinburne  to  the  hearts  of  the  people. 

"•  Public  notice  was  given  that  citizens  would  assemble  in 
front  of  the  headquarters  at  No.  44  North  Pearl  Street, 
promptly  at  half-past  seven  o'clock.  It  was  but  a  few 
moments  after  six  o'clock  when  the  first  gentleman  entered 
the  room,  and  an  hour  later  the  apartment  was  thronged. 
Citizens  gathered  on  the  walks,  and  the  large  crowd  was  aug- 


A    PLUCKY   LEADER.  279 

meiited  by  the  appeaniiice  of  Maj.  Kenealey  with  the  Albany 
City  Band  of  twenty  pieces.  Upon  arrival  at  the  Grant  Cliih 
quarters,  the  band  gave  a  selection  ;  and,  as  the  melody  was 
heard,  the  team  and  carriage  of  the  doctor,  in  cliarge  of  faith- 
ful Phil.  AlbcrU  dashed  around  the  corner  to  the  depot. 

"Lines  were  then  formed,  and  the  procession  marched  to  the 
depot,  where  an  immense  throng  was  found  clustered  about 
the  street  and  approaches.  As  the  train  rolled  into  the  depot, 
and  the  doctor  stepped  upon  the  platform,  a  score  of  hands 
were  outstretched,  and  ringing  cheers  from  the  multitude 
greeted  his  appearance.  There  was  also  a  brilliant  pyrotech- 
nic display. 

"  Throughout  the  entire  march  there  was  a  very  general 
burning  of  colored  fires,  coupled  with  a  profuse  display  of 
bunting  and  the  discharge  of  rockets  and  candles.  The  in- 
surance patrol  are  deserving  of  very  great  praise  for  the  artis- 
tic combination  of  colors  displayed.  Double  lines  of  lanterns 
arched  the  street,  and  the  house  of  the  patrol  was  dotted  with 
the  bright  lights  from  many  a  highly  colored  shade.  Colored 
fires  illumined  the  scene,  and  a  profuse  discharge  of  Roman 
candles  proved  that  the  protectives  were  the  best  of  friends 
with  the  ex-raayor,  and  heartily  pleased  to  thus  publicly  dis- 
play their  feelings. 

"  As  the  head  of  the  procession  filed  into  Eagle  Street  from 
Hudson  Avenue,  the  street  fronting  the  residence  of  the  doc- 
tor was  found  to  be  densely  packed  with  people. 

"  The  vast  assembly  waited  but  a  moment  for  the  greeting 
between  husband  and  wife,  and  then  shouted  for  '  Swinburne,' 
who  appeared  on  the  balcony,  followed  by  Mr.  J.  T.  McDon- 
ougli,  who  delivered  the 

ADDRESS    OF   WELCOME. 

"  '  Ladies  and  Gentlemex,  —  We  are  here  to-night  to  extend  a  cor- 
dial welcome  to  our  honored  and  distinguished  townsman,  Dr.  John 
Swinburne. 

"  '  A  few  months  ago,  borne  down  by  the  cares  of  office,  the  excitement 
of  an  unparalleled  political  campaign,  and  the  overwork  of  his  profes- 
sion, he  sought  repose  and  rest  in  the  seclusion  of  the  Far  West.  He 
had  scarcely  departed  when  his  political  opponents  rejoicingly  reported  the 
news  about  the  city  that  he  had  gone  to  stay.  They  labored  under  the 
delusion  that  rest  meant  retirement.  The  doctor  never  retires  in  the  face 
of  a  foe;  and  so  we  have  the  pleasure  of  greeting  him  again  to-night,  and 
seeing  him  hale  and  hearty  and  courageous  as  of  old. 

"  The  great  respect,  the  warm  affection,  we  have  for  him,  is  evidenced 
by  the  vast  numbers  assembled  here  to  do  him  honor.     And  well  may 


280  A  TYPICAL  AMERICAN. 

we  be  proud  of  him,  —  proud  of  his  marvellous  skill,  proud  of  his  great 
and  powerful  achievements,  and  proud  of  his  well-earned  reputation. 

"  'In  peace  and  in  war,  at  the  bedside  of  the  sick  and  suffering,  at 
home  and  abroad,  as  well  as  in  the  camp  of  the  soldier  and  on  the  battle- 
field, he  has  devoted  his  time  and  energies  and  strength  to  healing  the 
sick,  relieving  the  sufferings  of  the  wounded,  and  consoling  the  afHicted. 

"  '  His  professional  life  has  been  as  a  benediction  to  tens  of  thousands 
of  bis  fellow-men;  and  so  large  have  been  his  charities,  so  generous  have 
been  his  offerings  to  the  people,  that,  not  satisfied  with  devoting  his  own 
services  to  them,  he  has  gone  further,  and  given  up  to  a  free  dispensary 
the  better  part  of  his  own  home.  Who  could  do  more?  Nor  has  he  been 
less  distinguished  in  public  and  official  life.  Through  fraud  and  corrup- 
tion, and  the  law's  delay,  he  was  unjustly  deprived  of  more  than  half  of 
the  term  of  office  to  which  he  was  elected  by  the  people  of  this  city.  And 
yet,  during  the  short  time  he  acted  as  our  chief  magistrate,  without  pro- 
fessing to  be  a  reformer,  or  pretending  to  be  better  than  his  neighbors,  he 
brought  about  many  valuable  reforms,  and  gave  us  an  honest  municipal 
government. 

"  '  By  superhuman  efforts,  if  not  by  forbidden  means,  he  was  deprived 
of  a  second  term. 

" '  But  neither  malicious  slander  nor  malicious  prosecution,  neither  cor- 
rupt practices  at  the  polls  nor  doubtful  decisions  of  courts,  have  deprived 
him  of  the  thousands  of  warm  friends  who  will  rejoice  at  his  return  to- 
night, and  in  whose  behalf  I  now  extend  nim  a  hearty  welcome  home.' 

"  After  an  appropriate  selection  by  the  band,  Dr.  Swinburne 
said,  — 

"  '  Fellow-Citizens  and  Friends,  —  T  do  not  feel  strong  enough  at 
this  time  to  say  much.  I  feel  it  impossible  to  thank  you  for  the  honor 
you  have  conferred  in  this  welcome  home  after  my  absence.  I  am  not 
foolish  enough  to  believe  that  this  is  for  me  alone.  It  is  in  favor  of  good 
government.  I  intend  to  remain  with  you  as  a  citizen.  I  was  thrown 
into  politics  by  reason  of  my  work.  You  know  what  the  result  was.  The 
ring  deprived  us  of  our  privileges.  Since  my  absence  I  have  received  hun- 
dreds of  letters  asking  what  was  to  be  done,  what  steps  I  proposed  to  take. 
To  these  I  made  no  response,  but  I  will  answer  them  and  answer  you 
now.  As  a  citizen,  I  am  prepared  to  take  hold,  and  to  most  heartily  help 
you  to  right  a  wrong.  If  you,  the  people,  wish  good  government,  I  am 
ready  to  go  with  you.  Two  years  ago  they  counted  me  out  by  three  thou- 
sand votes.  They  did  the  same  thing  last  year,  aided  by  their  corrup- 
tion fund  of  forty  thousand  dollars.  I  think  Gen.  Butler  hit  the  nail  on 
the  head  when  he  said,  "  The  time  for  discussion  has  passed  :  the  time 
for  action  has  come."  With  him  I  believe  that  the  time  for  acti6n  has 
come.  I  hope  we  will  meet  together,  and  continue  our  great  work.  Gen- 
tlemen, I  am  with  you  in  every  movement;  and,  when  my  health  is  fully 


A    I'LUCKY    LKADEIl.  281 

restored,  I  tnint  tJiiifi  we  may  (;oiui)iii()  togcjtiicr  in  the  interest  of   good 
goverimioiit.      (J(uitI(;riH;ii,  good-night.' 

"  FoUowiiifjj  tJie  speeches  the  crowd  quietly  dispersed,  and 
the  doctor  ]);isst;(l  the  rcniuiiider  of  tlic  evening  with  a  lew 
iutiniiite  friends." 

The  "Citizen"  (Independent)  thus  described  tlie  recep- 
tion :  — 

"  After  a  prolonged  al)sence  from  the  city,  Ex-Mayor  John 
Swinbnrne  retnrned  on  Thnrsday  evening  last,  and  was  the 
recipient  of  an  ovation  seldom,  if  ever,  accorded  to  a  jirivate 
citizen  of  Albany.  It  was  a  purely  spontaneous  gathering  of 
his  friends  and  fellow-citizens,  who  sought  in  tliis  maimer  to 
testify  their  appreciation  of  his  worth,  and  their  gratitude 
to  the  man  who  was  twice  cheated  out  of  the  office  to  which 
he  was  fairly  elected  by  the  honest  votes  of  the  people,  by 
methods  which,  for  downright  audaciousness,  are  without  a 
parjillel  in  the  history  of  the  country.  His  reception  was  not 
the  result  of  any  cut-and-dried  arrangements,  but  was  as 
unexpected  by  our  citizens  generally  as  it  was  by  Dr.  Swin- 
burne, who  was  utterly  taken  by  surprise  at  the  enthusiastic 
reception  which  he  received.  The  arrangements  for  the 
demonstration,  which  it  may  be  said  were  impromptu,  were 
under  the  auspices  of  a  committee  of  the  Independent  Citi- 
zens' Association ;  and  well  and  faithfully  did  they  perform 
the  dut}^  assigned  them,  considering  the  short  space  of  time 
at  their  disposal.  As  early  as  half-past  seven  o'clock  the 
clubs  which  were  to  participate  assembled  on  North  Pearl 
Street,  and  together  with  thousands  of  well-known  citizens 
proceeded  to  the  Union  Depot ;  and,  when  the  train  bearing 
the  champion  of  the  people's  rights  rolled  in,  shouts  and  ap- 
plause rent  the  air.  The  route  of  march  being  taken  up,  the 
enthusiasm  all  along  the  line  was  spontaneous  and  tremen- 
dous. Handkerchiefs  were  waved  by  fair  hands  at  all  the  win- 
dows, and  fireworks  were  almost  continuously  displayed  from 
one  end  of  the  route  to  the  other. 

"  Dr.  Swinburne  returns  to  us  much  improved  in  health  and 
appearance,  having  almost  totally  recovered  from  the  fit  of 
sickness  with  which  he  was  prostrated  last  spring.  He  comes 
back  to  his  much-loved  city,  fresh  and  with  all  his  old-time 
vigor,  ready  and  willing  to  carry  on  the  conflict  against  rinc^s 
and  corruption,  now,  as  of  yore  ;  and  if  the  demonstration  of 
Thursday  evening  may  be  taken  as  a  criterion,  he  is  sure  to 


282  A  TYPICAL   AMERICAN. 

find  ready  allies  in  the  people  of  Albany  to  push  to  comple- 
tion the  good  work  which  he  has  undertaken  to  perform. 
Let  us  hope  and  trust  that  he  will  long  be  spared  to  our  citi- 
zens, and  that  he  will  shortly  witness  the  downfall  of  the 
ring-masters  and  their  henchmen,  who  plotted  and  planned  to 
rob  him  of  his  hard-earned  victories." 


CIIAPTKR     XVIII. 

ELECTED  TO  CONGRESS. 

A  Believer  in  the  Republican  Platform.  —  R(!ceivc(I  with  Deafening  Cheers.  — 
Why  Nominated  for  Conjjtrcss.  —  Wliat  the  Independent  Press  said. — All 
Factions  united.  —  As  Incorruptible  as  Independent. — A  Brilliant  Victory 
and  Disgusted  Democrat. 

Relieving  thoroughly  in  the  principles  of  the  Republican 
party  as  enunciated  in  the  platform  of  the  Chicago  convention 
of  last  year,  Dr.  John  Swinburne  believed  it  his  duty  to  take 
an  active  part  in  the  triumph  of  these  principles,  and  the 
election  of  the  men  the  convention  had  chosen  as  representing 
them.  He  felt  it  a  duty  every  citizen  owed  the  state  and 
nation  to  labor  for  the  best  form  of  government,  and  for  the 
party  representing  the  best  interests  of  the  American  peo- 
ple at  large,  and  the  protection  of  American  industries,  and 
promptl}^  declared  his  allegiance  and  active  sympathy,  which 
meant  aggressive  work.  No  other  course  was  expected  from 
him,  as  all  his  labors  in  times  of  peace  and  war  had  been 
honestly  directed  to  the  perpetuity  of  republican  principles, 
and  for  the  good  of  the  people  at  large.  On  his  return  from 
the  West,  the  marshalling  of  campaign  clubs  had  commenced, 
and  the  people  were  preparing  for  the  bloodless  but  important 
battle  of  the  ballot.  In  no  part  of  the  State  was  a  more  in- 
tense feeling  growing  than  in  the  capital  city,  the  residence 
of  the  Democratic  candidate  for  President,  Gov.  Cleveland, 
and  the  home  of  the  leader  of  that  party,  the  present  secretary 
of  the  treasury.  In  this  county,  with  a  Democratic  majority 
of  over  three  thousand,  and  all  the  advantages  to  be  derived 
from  the  State  offices  (except  one  department)  being  in  the 
hands  of  the  opposition,  the  Republicans  of  the  district  real- 
ized they  had  a  hard  struggle  before  them  to  even  hold  their 
own  in  the  conflict,  but  determined  to  make  the  best  fight 


284  A   TYPICAL   AMERICAN. 

possible,  and  wisely  looked  around  for  the  best  man  to  open 
the  campaign  and  unite  the  discordant  elements.  There  was 
no  question  as  to  who  that  man  should  be ;  and,  when  the 
first  grand  rally  was  decided  on,  the  "  Fighting  Doctor  "  was 
invited  to  preside.  On  the  evening  of  Aug.  6  the  meeting 
was  held,  and  addressed  by  Hon.  J,  C.  Burrows  of  Michigan 
and  Ex-Gov.  W.  M.  Stone  of  Iowa.  Of  that  meeting  the 
"  Express  "  said,  — 

"As  Ex-Mayor  Swinburne,  who  had  been  selected  as  the 
presiding  officer,  came  upon  the  stage,  the  immense  crowd 
whicii  filled  every  available  inch  of  space  sent  up  a  deafening 
cheer  which  shook  the  building,  the  doctor  bowing  his  ac- 
knowledgments. The  programme  at  first  arranged  was  for 
both  Hon.  J.  C.  Burrows  and  Ex-Gov.  W.  M.  Stone  to  speak 
in  the  hall ;  but  the  great  mass  of  people  who  could  find 
no  accommodation  within  the  walls  of  Music  Hall,  and  had 
assembled  outside,  clamored  so  loudly,  that  Mr.  Stone  con- 
sented to  address  them,  and  left  the  hall  for  the  street. 
After  Sullivan's  Tenth  Regiment  Band,  which  had  secured 
places  in  the  gallery,  had  played  "  Hail,  Columbia !  "  and  the 
"  Red,  White,  and  Blue,"  Mr.  Burlingame  called  the  meeting 
to  order,  and  said,  — 

"  '  We  are  met  this  evening  for  the  purpose,  not  only  of  ratifying  the 
nominations  of  the  Republican  National  Convention  for  President  and 
Vice-President,  but  also  to  give  expression  to  some  of  the  many  reasons 
why  those  nominees  should  receive  the  cordial  support  of  the  people  :  in 
short,  to  give  expression  to  some  of  the  many  reasons  why  the  party  that 
has  been  in  charge  of  the  affairs  of  the  nation  for  the  last  four  and  twenty 
years,  and  within  that  time  has  written  into  our  national  history  the 
grandest  achievements  of  modern  times,  should  be  still  further  trusted 
and  continued;  in  other  words,  why  the  principle  that  is  invoked  for 
civil-service  reform,  in  behalf  of  individuals  who  serve  the  government 
faithfully,  should  have  the  broadest  and  most  complete  fulfilment  in 
continuing  in  power  the  party  that  has  done  all  things  well.  It  affords 
me  great  pleasure,  upon  this  occasion,  to  present  to  you,  as  your  presiding 
officer,  a  gentleman  well  known  to  you  all,  — one  who  has  labored  in  our 
niidst  for  his  fellow-man,  and  who  in  his  political  duties  knows  only 
the  people's  interests.  He  comes  to  us  to-night,  not  as  a  partisan,  but  as 
an  independent  citizen,  who  with  us  believes  that'  the  true  interests  of 
the  American  people  will  be  best  promoted  by  the  election  of  James  G. 
Blaine  for  President,  and  John  A.  Logan  for  Vice-President,  of  the  United 
States.     I  present  to  you  the  Hon.  John  Swinburne.' 


ELECTED   TO   CONGRESS.  285 

"The  applause  and  cheers  pjreetinc^  the  ox-mayor  was  con- 
tinued for  some  minulcs,  uiid  at  its  (■,on(;liision  the  docUjr 
sai(,l,  — 

'* '  Fkllow-C'itizicns  and  FuiKNDfl,  —  For  this  conli.il  and  enthuRiaAtic 
greetiiif,'  I  have  no  words  to  express  my  feelings.  I  tliaiik  you  for  the 
honor  you  liave  done  nie  in  calling  upon  ine  to  preside  over  this  large 
gathering  of  our  citizens.  During  my  absence  in  the  Far  ^^'est  I  have 
seen  an  earnest  and  enthusiastic  uprising  of  tlie  people  in  favor  of  the 
election  to  the  management  of  our  government  of  those  who  favor  protec- 
tion to  our  industries  against  foreign  competition,  and  the  protection  alike 
of  all  citizens  of  tlie  United  States,  wlierever  born,  while  in  the  perform- 
ance of  any  lawful  duty.  I  am  glad,  upon  my  return,  to  find  a  like  spirit 
manifested  here  ;  and,  while  I  shall  leave  to  other  and  more  eloquent 
tongues  the  defence  of  principles  and  the  advocacy  of  candidates,  I  con- 
gratulate you  upon  the  auspicious  signs  indicating  the  election  of  Blaine 
and  Logan,  and  the  continuance  of  good  government  through  an  honest 
expression  of  the  people's  wishes,  unembarrassed  by  repeaters  liere  or 
shotguns  elsewhere.  Again  thanking  you  for  your  confidence,  I  await 
your  further  pleasure.'  " 

The  "Evening  Journal,"  in  speaking  of  this  meeting  at 
Music  Hall,  said,  — 

"Notably  was  the  reception  of  Mayor  John  Swinburne 
when  he  made  his  appearance  upon  the  stage  to  preside.  A 
storm  of  applause  swept  through  the  vast  auditorium,  and 
lasted  several  minutes.  Such  a  tribute  to  a  citizen  was 
remarkable." 

In  their  former  struggles,  the  citizens  rememi)ered  how 
their  efforts  for  good  government  in  local  affairs  had  been 
frustrated  by  fraud  at  the  ballot-box,  and  determined  to  place 
their  chosen  leader  in  the  field,  to  represent  them  in  national 
affairs;  and  hoped'  the  presence  of  the  United-States  mar- 
shalls  at  the  polls  would  secure  a  fair  vote  and  count.  The}^ 
remembered  that  when  they,  in  1882,  placed  Dr.  John  Swin- 
burne in  nomination  for  mayor,  the  Republican  City  Conven- 
tion, after  some  hesitation,  cfeclined  to  name  a  candidate,  but 
recommended  Dr.  Swinburne  for  indorsement.  They  remem- 
bered the  fraudulent  count,  the  litigation  that  followed,  and 
the  final  success.  When  the  ring  counted  in  their  candidate, 
and  he  assumed  the  office  of  mayor,  the  new  city  charter,  passed 
but  a  short  time  previousl}-,  provided  that  the  various  offices  to 


286  A  TYPICAL   AMERICAN. 

be  filled  by  the  mayor  should  be  so  filled  within  two  months 
after  the  commencement  of  his  term  of  office.  Mayor  Nolan 
entered  upon  the  duties  of  the  office  which  had  been  awarded 
him  by  the  canvassing-board  on  the  first  Tuesday  of  May, 
1882,  and  proceeded  to  nominate  or  appoint  the  city  officers 
and  heads  of  the  several  departments  from  among  his  per- 
sonal and  political  friends.  When,  therefore,  in  the  latter 
part  of  June,  1883,  Dr.  Swinburne  assumed  the  duties  of 
mayor,  he  found  all  the  departments  filled  with  those  who 
had  no  sympathy  with  him,  or  with  his  economical  methods, 
and  a  board  of  aldermen  unwilling  to  co-operate  with  him  in 
his  efforts  for  municipal  improvements  and  the  curtailing  of 
expenditures ;  the  carrying-out  of  which  had  been  his  motive 
in  accepting  the  nomination  to  the  office  of  mayor.  Daring 
his  brief  term,  with  the  zealous  and  efficient  aid  of  his  chosen 
counsel  to  the  corporation,  the  Hon.  Henry  Smith,  Dr.  Swin- 
burne was  enabled  to  do  much  toward  a  curtailment  of  the 
city  expenses  and  the  correction  of  abuses  heretofore  existing. 
He  caused  a  thorough  investigation  of  the  affairs  of  the  poor- 
department  ;  and,  satisfied  that  these  had  not  been  managed 
either  in  the  interest  of  the  city  or  the  deserving  poor,  he  sus- 
pended from  office  the  superintendent  thereof,  and  stated  his 
reason  to  the  commission  of  aldermen  provided  by  the  char- 
ter, who  failed  to  sustain  his  action,  evidently  more  in  the 
interests  of  their  party  than  of  the  public  good 

One  of  the  abuses  long  prevalent  in  the  city  government 
was  the  establishment  of  the  grades  of  streets  by  piecemeal, 
and  because  of  the  demands  of  officials  or  residents  in  accord- 
ance with  their  ideas  at  various  times.  The  result  of  this 
course  was  an  uneven  and  irregular  grade  of  the  street  within 
short  distances;  and  the  mechanic  who  had  by  his  industry 
purchased  a  lot  beyond  the  paved  portion  on  any  of  the 
streets,  and  built  thereon  his  humble  home,  conforming  his 
building  to  the  grade  of  the  street  below  him,  would  not  un- 
frequently  find  that  when  the  grade  was  fixed  for  his  block, 
his  house  was  either  stilted  many  feet  above  the  street  level, 
or  his  first  floor  was  depressed  far  below  it,  thus  destroying 
the  beauty  and  comfort  of  his  home,  and  forcing  upon  him  a 


ELECTED   TO   CONGRESS.  287 

consitlerablo  expense.  Dr.  Swinburne  at  once  took  measures 
to  correct  this  abuse.  lie  caused  j^nades  to  be  made  and  es- 
tablished for  all  new  streets  for  their  entire  length,  so  that 
all  those  who  might  build  beyond  the  graded  and  paved  por- 
tions might  know  just  where  their  street-grade  would  be 
when  improvements  where  made:  he  caused,  also,  complete 
maps  to  be  made  of  tlie  sewers  and  drains  of  the  city,  showing 
their  location,  size,  dip,  and  of  what  material  constructed. 
This  was  a  step  in  the  direction  of  improvement  in  the  system 
of  drainage  of  the  city,  followed  by  earnest,  but  ineffectual, 
efforts  to  secure  the  co-operation  of  the  city  fathers  in  a  plan 
suggested  by  him  for  constructing  large  main  drains  in  the 
principal  arterial  streets,  sufficiently  ample  to  carry  off  the 
surface  waters  from  the  large  amount  of  water-shed  west  of 
Eagle  Street,  during  the  season  of  heavy  rainfalls ;  this  being 
desirable,  not  only  for  sanitary  reasons,  but  because  the  large 
damages  so  frequently  adjudged  against  the  city  for  overflows 
consequent  upon  inadequate  sewers,  would  thus  be  saved. 
Since  the  retirement  of  Dr.  Swinburne,  his  plans  have  to 
some  extent  been  adopted,  and  a  portion  of  these  main  sewers 
have  been  ordered.  Much  attention  was  given  by  Mayor 
Swinburne  to  the  question  of  an  ample  supply  of  pure  and 
wholesome  water;  but  here,  again,  political,  professional, 
and  personal  jealousies  prevented  the  accomplishment  of  his 
wishes,  and,  in  direct  opposition  to  his  views,  a  bill  was  passed 
by  the  Legislature  giving  to  the  effete-water  board  power  to 
expend  four  hundred  thousand  dollars  for  increasing  the  sup- 
ply of  river-water.  So  objectionable  has  this  plan  appeared 
to  the  citizens  of  Albany,  that,  in  a  year  after  its  adoption, 
aldermen  and  people  were  ciying  with  one  voice  for  some  re- 
lief; and  a  bill  was  introduced  this  j-ear  authorizing  an  expen- 
diture of  ten  thousand  dollars  to  ascertain  if  some  other  plan 
may  not  be  secured.  Well  would  it  have  been  if  the  sugges- 
tions of  Mayor  Swinburne  had  been  adopted:  that  new  life 
be  infused  into  the  water-board,  that  they  be  em[)Owered 
to  seek  other  supplies  than  that  from  the  river,  and  that  all 
plans  adopted  by  them  should  first  secure  the  approval  of 
the  Common  Council  before  havinsf  binding  effect. 


288  A  TYPICAL   AMERICAN. 

It  fell  to  the  lot  of  Mayor  Swinburne  but  once  to  have 
control  over  the  tax  lev}' ;  but  it  will  be  remembered  by  all 
Albanians  how  wisely  he  acted  upon  that  occasion,  vetoing 
or  reducing  extravagant  appropriations  for  parks  and  other 
purposes,  so  that  even  the  Common  Council  sustained  his 
action,  and  the  tax  budget  was  reduced  by  twenty-five  thou- 
sand dollars  by  his  action.  This  budget,  although  levied  for 
the  support  of  the  city  for  fourteen  months,  was  nearly  sixty 
thousand  dollars  less  than  the  one  levied  for  the  subsequent 
year  for  but  twelve  months. 

Dr.  Swinburne  held  the  office  of  mayor  but  little  over 
ten  months,  terminating  May  6,  1884.  He  had,  however,  so 
impressed  upon  the  city  officers  the  importance  of  an  econom- 
ical administration,  that  the  tax  levy  to  provide  means  for 
the  city  expenses  from  August,  1883,  to  Dec.  31,  1884,  a 
period  of  sixteen  months,  was  at  the  rate  of  sixty-three 
thousand  dollars  per  month  ;  while  that  for  the  twelve  subse- 
quent months  was  at  the  rate  of  seventy-nine  thousand  dollars 
per  month.  It  was  unfortunate  for  the  citizens  and  tax- 
payers that  he  was  not  given  the  certificate  of  re-election 
for  a  full  term,  to  which  many  believed  he  was  justly  entitled 
by  the  voice  of  the  people. 

The  administration  of  Mayor  Swinburne,  brief  as  it  was, 
showed  his  great  power  in  the  management  of  public  affairs; 
and  these,  with  other  considerations,  induced  the  Citizens' 
Association  to  nominate  him,  by  acclamation,  for  Congress. 

The  "Citizen,"  in  announcing  the  nomination  of  Dr.  John 
Swinburne  for  Congress  by  the  Independent  Citizens'  Asso- 
ciation, said,  — 

"  The  convention  of  the  Citizens'  Association,  held  in  this 
city  on  Wednesday,  the  24th  inst.,  was  very  successful,  both 
in  the  harmony  which  prevailed  and  in  the  results  of  its 
deliberations.  Of  course,  ere  this  paper  has  reached  the 
reader  the  action  of  that  convention  has  been  spread  broad- 
cast over  the  county. 

"The  nomination  by  acclamation  of  Dr.  John  Swinburne 
for  member  of  Congress  was  a  moral  and  political  necessity. 
In  his  person  is  represented  the  reforms  inaugurated  by 
the  people ;  and  his  ceaseless  combat  against  the  rings  and 


iolk(;tfoi)  to  congress.  289 

machines  which  have  contiollcd  municipal  affairs  has  made 
him  a  iiotuhlo  figure  in  the  polities  of  the  county.  While 
in  the  ranks  of  the  C'itizens'  Assoeiaticni  can  he  fcnnid  num- 
bers of  citizens  fully  competent  to  (ill  any  office  in  the  gift  of 
the  people,  yet  it  was  [)ie-eniinently  pi'oper  that  tlie  tried  and 
trusty  champion  of  the  people's  battles  should  again  put  on 
liis  armor,  and  enter  the  lists  against  the  contingent  of  the  ring. 
What  need  is  there  of  words  of  praise  of  Mayor  Swinburne? 
What  honest  heart  in  this  whole  county  does  not  thrill  at 
the  mention  of  his  name?  Praise  of  him  and  of  his  deeds 
would  be  superlluous.  The  nomination  was  indeed  a  well- 
deserved  recognition  of  the  invaluable  services  he  has  rendered 
to  the  people.  No  political  machine,  no  cut-and-dried  bargain, 
no  scheme  of  trickery,  secured  that  nomination.  It  was  a 
natural  and  spoi.taneous  movement  of  the  people.  The  man 
who  has  devoted  the  best  years  of  his  life  to  the  aid  of  his 
fellow-creatures  could  not  be,  and  is  not,  forgotten  by  them. 
Base,  indeed,  would  be  the  ingratitude  of  the  community 
were  the  name  and  merits  of  Dr.  Swinburne,  even  for  a 
moment,  overlooked.  His  nomination  at  this  time  is  signifi- 
cant, and  shows  that  the  same  aggressive  policy  of  the  people's 
party  is  to  be  adopted.  With  Mayor  Swinburne  as  a  eandi- 
date,  no  other  policy  is  possible.  The  cliques  and  gangs,  and 
political  machines  of  all  kinds  and  classes,  must  take  note 
that  they  will  have  to  sustain  the  same  vigorous  attacks  made 
by  him  in  previous  campaigns. 

"•  This  time  that  portion  of  the  county  lying  outside  of  the 
city  will  be  heard  from.  The  farming  classes,  and  the  residents 
of  West  Troy  and  Cohoes,  will,  for  the  first  time,  have  an 
opportunity'  to  display  their  sentiments  by  heartily  sustaining 
the  popular  candidate.  His  name  is  powerful  in  those  places. 
His  record  is  as  well  known  to  them  as  to  us ;  and,  unless  all 
signs  of  the  times  are  fearfullj^  deceptive,  his  vote  outside  of 
the  city  will  be  unparalleled.  We  congratulate  the  Citizens' 
Association  on  the  wisdom  of  their  nomination.  The  man 
who  almost  alone  in  the  city  government  attacked  the  ring, 
and  protected  the  treasur}^  will  do  ample  justice  to  the  people 
at  Washington.  Reforms  instituted  here  Avill  be  carried  into 
the  national  councils. 

"  With  half  an  effort  our  next  Congressman  will  be  John 
Swinburne  ;  and,  with  a  united  and  systematic  support,  the 
election  returns  will  scarcely  show  that  his  opponent  is  in 
the  race.  Let  the  people  see  to  it  that  their  own  candidate 
is  borne  into  a  seat  in  the  House  of  Representatives  by  an 
overwhelming  majority." 


290  A  TYPICAL  AMERICAN. 

The  "  Press  and  Knickerbocker,"  also  Independent,  in- 
dorsed the  nomination  in  this  manner:  — 

"  The  county  convention  held  by  the  Citizens'  Association, 
Wednesday,  acquitted  itself  handsomely.  It  made  most  ex- 
cellent nominations,  and  set  an  example  to  the  other  like  con- 
ventions, yet  to  be  held,  worthy  of  emulation.  The  '  Press 
and  Knickerbocker '  asks  for  nothing  more  than  the  nomina- 
tion of  such  men,  believing  that  the  voters  will  exercise  a 
discriminating  judgment,  and,  despite  party  lines,  elect  the 
right  men.  In  selecting  Dr.  Swinburne  for  Congressman, 
we  think  we  voice  the  sentiment  of  the  people  of  this  dis- 
trict when  we  say  he  is  the  right  man  for  the  place.  Firm 
and  inflexible  in  integrity,  with  a  reputation  for  honesty  so 
high  that  professional  lobbyists  will  be  unable  to  overreach 
him,  he  would,  if  elected,  fill  with  credit  the  place  once  filled 
by  such  men  as  Daniel  D.  Barnard,  from  this  district." 

In  taking  these  quotations  from  Independent  journals,  we 
desire  to  add  that  they  were  not  what  was  known  during 
the  last  campaign  as  Independents  in  bolting  the  Republican 
nominations,  and  had  no  affiliation  with  the  then  so-called 
Independents. 

In  presenting  the  name  of  Dr.  Swinburne  to  the  Republi- 
can Convention  for  indorsement  as  the  nominee  for  Congress, 
Mr.  Clifford  D.  Gregory  said,  — 

"I  rise  to  exercise  a  high  and  valued  privilege  of  nominat- 
ing a  candidate  for  member  of  Congress  from  this  district, 
who,  by  the  pure  motives  which  have  actuated  him  in  his 
private  life,  and  the  sound  and  humane  principles  which 
have  controlled  him  in  his  public  career,  appeals  directly  and 
powerfully  to  the  popular  heart.  I  desire  to  present  to  your 
consideration  the  people's  choice,  and  defrauded  mayor,  Dr. 
John  Swinburne.  With  marked  ability  and  unflagging  zeal 
he  has  presided  over  this  municipality.  During  his  brief 
term  of  office  he  devised  many  salutary  measures  of  reform, 
which  proved  of  great  economic  and  sanitary  value  to  the 
people.  One  of  the  most  important  is  the  improvement  in 
the  system  of  sewerage.  Mayor  Swinburne  also  caused  to 
be  established  a  uniform  grade  for  streets  and  buildings  in 
the  western  portion  of  the  city ;  and,  thanks  to  his  adminis- 
tration, a  map  is  now  contained  in  the  office  of  the  Com- 
mon Council,  to  which  all  changes  in  the  grades  of  streets 


ELECTED   TO   CONGRESS.  291 

must  conform.  Tlio  absence  of  sii(;li  a  system  lias  hereto- 
fore proved  disastrous  to  [iroperty  owners  in  many  parts  of 
the  city. 

"During  Swinburne's  t(!rm  of  ten  montlis,  tbe  expenses  of 
tbe  city  parks  were  reduced  several  thf)usan(l  dollars.  This 
was  due  8im[)ly  to  the  rigid  application  of  rules  of  economy. 
Did  not  the  f)arks  look  as  beautiful,  and  was  not  the  pleasure 
afforded  by  them  just  as  great?  A  competent  and.  reliable 
Democratic  authority  has  aflirmed  that  never  in  the  history 
of  Albany  has  there  been  so  great  economy  and  care  dis- 
played in  the  administration  of  the  city  as  during  the  too 
short  period  that  Swinburne  directed  its  affairs." 

Notwithstanding  the  dissensions  in  the  Republican  party, 
both  wings  recognized  the  necessity  of  a  strong  candidate ; 
and  that  to  overcome  the  large  Democratic  majority,  the 
heavy  corruption-fund  used  in  the  district,  and  the  popu- 
larity of  the  Democratic  candidate,  they  must  have  as  their 
nominee  a  gentleman  of  tried  integrity,  whose  character  was 
above  reproach,  and  who  had  the  confidence  of  the  masses. 
Under  these  circumstances,  and  the  necessities  of  the  times, 
all  factional  differences  were  put  aside,  and  by  acclamation 
the  "  Fighting  Doctor  "  was  made  the  standard-bearer  of  the 
party  for  the  nineteenth  district,  and  the  political  fight  opened 
in  earnest,  only  one  paper  in  the  city  having  an}^  thing  to  say 
against  him.  During  this  campaign,  as  well  as  the  preceding 
canvass  for  the  mayoralty,  it  was  pretty  well  understood  that 
the  very  intimate  relations  existing  between  the  editor  of 
that  journal  and  a  certain  doctor,  with  whom  Dr.  Swinburne 
had  crossed  professional  swords  in  previous  years,  had  much 
to  do  with  the  attacks  on  the  Republican  nominee ;  while,  in 
the  local  department,  the  abuse  in  that  paper  was  generally 
supposed  to  be  actuated  because  of  the  relationship  existing 
between  the  local  editor  and  a  physician  whom  Dr.  SwLu- 
burne  had  professional!}^  silenced. 

Not  only  was  he  supported  heartily  by  all  the  Republican 
and  Independent  papers  in  the  district,  but  by  the  Republi- 
can and  Independent  papers  in  the  neighboring  counties. 
The  "  Troy  Budget,''  edited  by  Ex-Senator  MacArthur 
said,  — 


292  A   TYPICAL   AMERICAN. 

"Dr.  Swinburne  of  Albany,  the  'Fighting  Doctor'  as  he 
has  been  not  inappropriate!}"  termed,  is  the  unanimous  choice 
of  the  Repul)licans  of  the  Albany  district  for  Congress;  hav- 
ing been  nominated  by  the  conventions  of  both  wings  of  the 
party  there.  The  doctor  has  a  wonderful  popularity  in  the 
city  of  Albany,  and  the  presence  of  United-States  officers  at 
the  ensuing  election  will  prevent  any  repetition  of  the  fraud 
which  resulted  last  spring  in  hoisting  Mr.  Banks  into  the 
mayor's  chair.  Although  a  Democratic  district,  there  is  so 
much  dissatisfaction  with  the  machine  tactics  practised  by 
Mr.  Manning's  heelers  .and  Dr.  Swinburne  has  such  a  large 
personal  following,  that,  with  the  Republicans  thoroughly 
(- roused  and  united,  there  appears  to  be  no  good  reason  why 
the  Republican  candidate  should  not  be  elected.  His  labors 
for  reform,  his  great  and  unpaid  exertions  in  the  cause  of 
humanity,  his  services  to  his  country  in  the  field,  the  fact 
that  it  is  on  record  in  the  courts  that  he  was  once  counted 
out  for  mayor,  and  the  strong  probability  that  he  was  cheated 
out  of  that  office  a  second  time,  —  all  give  him  a  strong  hold 
on  popular  sympathy,  and  inspire  strong  hopes  of  his  elec- 
tion." 

The  "  Troy  Evening  Standard,"  the  independent  organ  of 
the  workingman,  in  an  article  on  the  nomination  of  Dr. 
Swinburne,  said,  — 

"The  doctor  has  positive  ideas;  and  these  are  not  hidden 
under  a  bushel,  but  are  almost  as  well  known  as  his  acts  of 
charity  and  deeds  of  philanthropy.  His  nomination  came 
from  the  people,  because  he  was  of  the  people.  His  whole 
life  has  been  one  of  continuous  study  of  how  to  better  hu- 
manity. In  the  practice  of  his  profession,  his  patients  have 
been  all  classes,  from  the  sumptuous  home  to  the  lowly  hovel ; 
and  so  widespread  has  become  his  renown,  that,  on  his  recent 
return  from  the  West,  his  reception  by  the  masses  was  an 
ovation  such  as  was  never  before  tendered  any  man  in  the 
city  of  Albany.  The  claims  of  Dr.  Swinburne  to  an  election 
to  Congress  are  greater  than  those  that  could  be  advanced 
by  any  other  man  in  the  district.  Coming  to  this  part  of  the 
State,  he  opened  his  free  dispensary  in  the  city  of  Albany 
seven  years  ago,  where  the  sick,  wounded,  and  disabled  have 
been  cheerfully  treated,  to  the  number  of  over  sixty-five 
thousand,  besides  over  thirty  thousand  poor  who  did  not 
desire  to  have  their  names  on  the  register;  and  there  is  not 
a  street  in  the  city  where  his  carriage   has   not  been  seen 


ELECTED   TO   CONGRESS.  293 

hastening  to  the  call  of  the  suffering,  with  the  same  alacrity 
to  tlio  ]ioorest  dweller  in  the  sonth(!rn  j)art  of  the  city  as  to 
Ten  Pn'oeck  Street.  A  man  (jf  (juick  ol).servation  and  syrn- 
patlietic  nature,  he  discerned  tlie  corru[)tion  of  th(!  city 
government,  and  the  way  the  people  were  oppressed,  and 
reluctantly  consented  to  run  for  mayor.  The  popular  vote, 
twice  electing  hira  to  the  office,  demonstrated  how  tlie 
poorer  elements  recognized  in  him  a  friend,  whom  neither 
bribes  nor  threats  could  induce  them  to  desert.  Again  the 
people  have  called  him  to  come  up  higlier  in  affairs  oi"  State, 
and  have  nominated  him  for  Congress.  Can  there  be  a  pos- 
sible doubt  as  to  the  duty  of  workingmen  in  deciding 
whether  they  shall  vote  for  him,  opposed  as  he  is  and  has 
been  by  every  corrupt  political  ring  in  the  district,  or  for 
his  opponent?  The  great  issue  before  the  voters  is  protec- 
tion to  American  industry  or  free  trade  to  foreign  pauper 
labor.  On  this  issue  Dr.  Swinburne  is  a  pronounced  protec- 
tionist, who  believes  not  only  in  a  revenue,  but  a  tariff  that 
will  protect  the  American  manufacturer  and  laborer.  He 
does  not  believe  in  a  tariff  for  revenue  only;  but  that,  if  a 
large  surplus  over  the  incidental  expenses  of  government 
should  accrue  from  a  protective  policy,  it  can  and  should  be 
employed  in  j^ublic  works  and  improvements  that  would  give 
work  to  the  unemployed  in  times  of  distress,  and  thus  elevate 
the  dependent,  rather  than  degrade  them  by  poverty  or  pau- 
perism. All  matters  of  public  policy  the  doctor  is  thoroughly 
conversant  with  ;  and,  not  being  au  office-seeker,  his  views  are 
not  twisted  to  suit  the  caprice  of  partisanship,  but  are  formed 
for  the  best  interests  of  the  nation  at  large.  Liberal  in  views, 
sound  in  judgment,  honest  in  his  transactions  and  intentions, 
patriotic  in  his  motives,  and  charitable  to  such  an  extent  that 
he  is  hated  by  the  penurious.  Dr.  Swinburne  should  be 
elected.  He  deserves  the  votes  of  all  fair-minded  men.  As 
he  was  faithful  in  the  discharge  of  the  duties  imposed  upon 
him  by  the  electors  of  Albany,  so  will  he  be  faithful  in  the 
enlarged  sphere  of  national  law-making  usefulness.*' 

Of  the  nomination,  the  "Press  and  Knickerbocker"  said,  — 

"  Dr.  John  Swinburne  has  accejited  the  nomination  for 
member  of  Congress  by  both  the  Republicans  and  the  Citi- 
zens' Association.  His  letters  of  acceptance  are  brief  and  to 
the  point.  Every  voter  in  this  congressional  district  must 
know  that  Dr.  Swinburne  would  make  a  faithful  representa- 
tive. He  fully  understands  that  the  peo[ile  of  the  counti-v 
have  not  been  faithfully  and  truly  represented  in  tlie  House 


294  A   TYPICAL   AMEKICi?kN. 

of  Representatives,  and  that  they  have  become  dissatisfied 
and  restless." 

The  Albany  "  Morning  Express "  (Republican),  in  com- 
menting on  this  extract  from  the  "Press  and  Knickerbocker," 
said,  — 

"  This  is  an  unbiassed  opinion  of  Dr.  Swinburne's  qualifica- 
tions from  an  independent  standpoint.  It  is  also  a  correct 
view  of  the  action  of  the  Democratic  majority  in  the  last 
House  of  Representatives,  in  making  a  party  issue  of  the  at- 
tempt to  inaugurate  the  free-trade  policy  by  the  passage  of 
the  Morrison  twenty-per-cent  reduction  bill.  Four-fifths  of 
the  Democrats  in  Congress  voted  for  that  bill.  Nothing  is 
surer  than  that  the  complete  control  of  the  legislative  and 
executive  departments  of  the  government  by  the  Democrats 
will  insure  the  passage  of  that  or  a  similar  measure.  This 
threat  to  break  down  our  manufacturing  interests  has  already 
operated  disastrously.  Capital  has  been  frightened  from  in- 
vestment in  that  class  of  industries,  mills  have  been  closed, 
and  operatives  have  been  thrown  out  of  employment. 

"  The  Democratic  majority  in  the  House  refused  to  pass 
a  bill  to  put  our  seacoast  cities  in  a  condition  of  defence ; 
because  they  were  so  determined  that  there  should  be  no  need 
for  a  surplus  in  the  treasury,  beyond  the  ordinary  expenses 
of  the  government,  and  consequently  no  necessity  for  a  pro- 
tective tariff,  that  they  are  willing  to  leave  Boston,  New  York, 
Philadelphia,  New  Orleans,  and  San  Francisco  at  the  mercy 
of  any  first-class  hostile  power,  to  be  battered  down  by  their 
modern  armaments  while  lying  safely  beyond  the  reach  of 
our  ancient  guns. 

"Dr.  Swinburne  does  not  belong  to  that  class  of  statesmen. 
He  believes  in  the  policy  of  protecting  the  wages  of  labor 
from  foreign  competition.  He  believes  in  the  wisdom  of 
putting  the  country  in  such  condition  of  defence  as  to  place 
us  at  least  beyond  the  contempt  of  foreign  powers,  in  case  of 
their  refusal  to  redress  wrongs  inflicted  on  our  citizens  abroad, 
or  their  attempt  to  interfere  with  the  rights  of  independent 
States  on  this  continent.  He  has  given  evidence  of  his  loy- 
alty by  his  services  and  sacrifices  in  the  war  for  the  Union ; 
and  of  his  desire  for  good  government  by  his  civil  services  as 
chief  magistrate  of  this  city.  He  has  endeared  himself  to  the 
poor  and  the  suifering  by  his  gratuitous  professional  services. 
His  popularity  has  twice  broken  down  the  Democratic  major- 
ity of  Albany,  though  cheated  out  of  his  office  a  part  of  one 


ELECTED   TO   CONGRESS.  295 

torm  and  all  of  another  by  Democratic  frauds  in  the  count. 
He  cannot  bo  thus  cheated  this  time,  under  the  Federal  elec- 
tion-laws;  and  an  earnest  and  united  effort  by  the  opponcjnts 
of  the  Demoei-atic  ring-rnle  in  Albany  will  insure  his  ehiction 
by  a  decisive  majority.  Every  tax-payer  and  rent-payer  wlio 
feels  that  he  has  been  swindled  by  the  corrupt  ring  now  in 
control  will  help  to  crush  it  by  voting  for  John  Swinburne." 

It  was  well  understood  throughout  the  State  that  there 
were  local  differences  in  the  Republican  party  in  Albany, 
which  threatened,  as  they  had  often  done  before,  to  result  in 
the  defeat  of  the  candidates.  Of  these  differences  the  "  Ex- 
press "  said,  on  Oct.  6,  — 

"  The  nomination  of  Dr.  Swinburne  for  Congress  by  the 
Republican  Convention,  on  Saturday,  will  undoubtedly  be 
indorsed  by  the  convention  to  be  held  under  the  auspices  of 
the  other  committee.  So  that,  although  the  Republicans  of 
Albany  are  divided  on  a  question  of  organization,  they  will 
not  be  divided  on  a  question  of  nomination. 

"Dr.  Swinburne  is  both  a  professional  man  and  a  working 
man.  The  people  of  Albany  know  him  in  both  capacities. 
He  is  eminent  as  a  physician,  but  he  is  equally  eminent  as  a 
friend  of  the  poor.  There  is  where  his  phenomenal  strength 
lies.  The  poor  are  grateful  to  him  for  his  unnumbered  and 
unrewarded  professional  services.  He  is  also  a  many-sided 
man,  in  his  adaptability  for  usefulness  in  politics  as  well  as  in 
professional  life.  He  has  great  executive  capacity.  Albany 
never  had  a  better  mayor.  His  honesty  was  not  of  that 
negative  character  that  permitted  others  to  do  the  stealing. 
Obstinately  honest  himself,  he  enforced  honesty  on  his  sub- 
ordinates. He  stopped  the  leaks  in  the  city  treasury  wherever 
his  power  reached,  and  saved  the  money  of  the  people  more 
guardedly  than  if  it  had  been  his  own.  He  made  enemies, 
for  this  reason,  among  the  profligates  and  spendthrifts  ;  but 
the  people  became  his  friends.  The}^  will  stand  by  him  now. 
His  popularity  has  broken  down  the  Democratic  majority  in 
this  city  on  two  occasions,  and  he  will  do  it  again.  The  citi- 
zens of  Albany,  and  the  farmers  of  Albany  County,  want  just 
this  kind  of  sturdy  economist  at  Washington.  With  proper 
effort  his  election  is  assured." 

And  on  the  11th  the  "Express"  again  said, — 

"  By  acclamation,  and  by  unanimous  vote,  the  '  Fighting 
Doctor '  was  yesterday  nominated  as  the  Republican  candi- 


296  A   TYPICAL  AMERICAN. 

date  for  Representative  in  Congress  from  this,  the  nineteenth, 
district  of  our  State.  We  had  supposed  the  convention 
would  show  that  great  good  sense.  The  doctor  is  able,  and 
has  shown  wonderful  popularity  in  this  city,  where  he  has 
been  twice  elected  mayor,  and  once  accorded  the  office,  not- 
withstanding the  frauds  perpetrated  by  Democratic  inspectors, 
with  the  expectation  of  keeping  him  out.  This  year,  as  we 
remarked  yesterday,  Federal  inspectors  will  have  sometliing 
to  say  about  the  vote  cast  for  Dr.  Swinburne  for  a  member 
of  Congress.  That  business  will  not  be  left  entirely  to  the 
Manning  machine  inspectors.  Every  man's  vote  will  be  prop- 
erly counted  and  properly  placed.  There  will  be  no  foolish- 
ness this  time.  Let  Republicans  vote  as  they  expressed 
themselves  yesterday,  and  Dr.  Swinburne's  election  will  be 
assured.  The  direct  choice  of  two  conventions,  opposed  to 
the  machine  and  to  the  machine  rule,  why  should  he  not  be 
elected? 

"  That  the  '  Fighting  Doctor '  has  lost  none  of  the  popu- 
larity which  he  has  displayed  in  so  marvellous  a  degree  in  his 
two  contests  for  the  mayoralty  of  the  city  is  most  evident. 
Go  into  the  strongest  Democratic  wards  of  the  city,  and  you 
will  hear  his  praises  most  loudly  sounded.  Dishonest  inspect- 
ors of  elections,  and  the  money  so  freely  expended  by  Demo- 
cratic candidates,  prevented  the  doctor  from  receiving  the 
certificate  of  election  as  mayor  last  spring;  but  this  fall 
the  election  for  member  of  Congress  will  be  conducted  under 
Federal  laws.  United-States  supervisors  and  marshalls  will 
be  at  their  posts  in  each  election-district,  and  an  honest  count 
will  be  insured.  There  will  be  no  fooling  with  the  returns 
this  time.  There  are  hundreds  of  Democratic  voters  in  this 
city  who  can  be  neither  coaxed  nor  bribed  to  vote  against 
Dr.  Swinburne.  He  has  helped  them  and  their  friends  in 
distress,  and  they  are  too  honest  and  manly  to  forget  the  fact. 
And  this  time  their  votes  will  be  properly  counted  and  scored. 
The  Democratic  inspectors  of  election  will  not  have  things  en- 
tirely their  owu  way  in  this  city  next  month. 

"  On  the  4th  of  November  next  the  people  of  Albany  will 
decide  whether  or  not  they  desire  a  continuance  of  ring-rule. 
With  the  'Plighting  Doctor'  at  the  head  of  the  county  ticket, 
it  will,  indeed,  be  a  strange  thing  if  victory  will  not  perch 
upon  our  standard.  To  accomplish  this  result,  it  is  necessary, 
of  course,  that  our  brethren  should  work  in  harmony,  march- 
ing upon  the  enemy's  rank  with    an    aggressive,  unbroken 


ELECTED   TO   CONGRESS.  297 

coluimi.  'I'liat  (liis  end  will  he  attained  we  have  no  donht ; 
and,  the  battle  entered  upoti  under  these  fuvnrahhj  auspices, 
we  feel  confident  of  victoiy.  Honest,  fearless,  manly  John 
Swinburne  will  lead  the  way." 

The  nomination  again  of  the  do(;tor  was  hailed  by  tlie 
people  as  an  omen  of  coming  victory  and  trinmjjh  of  I'iglit, 
so  far  as  tlie  county  of  Albany  was  concerned  ;  and,  although 
the  majoiity  to  be  overcome  seemed  to  anxious  people  almost 
impossible  of  accomplishing,  yet  the  name  of  the  never  van- 
quished Dr.  John  Swinburne  infused  anew  hope,  and  inspired 
a  new  life,  that  once  more  Albany  would  do  her  duty  to  the 
nation,  as  it  did  in  the  great  struggle  of  years  before.  It 
was  a  repetition  of  the  feeling  of  April,  1861,  when  men 
doubted  how  New  York  would  stand  in  the  Rebellion.  The 
nomination  of  the  doctor  settled  the  question  for  the  popu- 
lace of  Alban}^  as  did  the  appearance  of  the  first  regiment 
in  New  York  on  its  way  to  Washington  for  New  York.  On 
that  occasion,  as  the  regiment  emerged  from  the  Astor  House 
with  bayonets  gleaming  in  the  spring-day  sun,  and  the  column 
moved  to  the  tune  of  "Yankee  Doodle,"  a  slight  murmur  of 
applause  was  heard,  like  the  whispers  of  a  gentle  zephyr, 
which,  in  a  few  moments,  had  grown  to  a  deafening  cheer 
from  the  thousands  that  lined  the  streets,  silencing  all  other 
sounds,  and  driving  away  all  the  clouds  of  doubt  which  had 
hung  over  the  possible  action  of  New  York  in  the  coming  con- 
flict. At  the  first  announcement  that  the  "  Fighting  Doctor  " 
was  in  the  field,  there  was  a  ripple  of  approval,  and  the 
questions  were  asked,  "  Is  it  possible  for  him  to  win  ?  How 
near  can  he  come  to  victory?"  In  a  short  time  the  rippling 
stream  became  a  rushing  torrent,  carrying  every  thing  before 
it ;  and,  wherever  the  doctor  made  his  appearance  in  a 
public  gathering,  a  spontaneous  burst  of  enthusiasm  greeted 
him,  leaving  no  sound  to  be  heard  for  a  time  but  its  own 
reverberation.  An  instance  of  this  popular  feeling  of  hope 
and  confidence  was  shown  at  a  mass  meeting  in  the  Hudson- 
avenue  tent  on  the  evening  of  Oct.  24,  when  the  Hon. 
Alexander  Sullivan,  the  brilliant  Irish  orator,  was  addressing 
a  multitude  on  the  issues  of  the  campaign.     The  Swinburne 


298  A   TYPICAL   AMERICAN. 

Guards  had  escorted  their  eloquent  countryman  to  the  tent 
where  he  \A'as  to  deliver  his  address,  and  then  returned  for 
their  "  boss,"  as  they  called  the  doctor.  On  arriving  at  the 
tent,  a  cheer  rent  the  air,  such  as  the  speaker  said  he  never 
heard  before,  and  wondered  how  it  escaped  without  ripping 
the  tent  into  threads.  The  cause  of  this  outburst  perplexed 
him  for  a  time,  as  he  had  never  before  seen  the  doctor. 

In  speaking  of  that  meeting  and  the  doctor's  appearance 
on  the  platform,  the  "  Express,"  on  the  following  morning 
said, — 

"  The  banker,  the  broker,  the  lawyer,  and  the  merchant 
mingled  with  the  sturdy  sons  of  toil,  and  all  seemed  de- 
lighted with  the  incisive  aphorisms  and  unanswerable  argu- 
ments of  the  talented  and  eloquent  young  leader.  We  said 
there  were  no  interruptions.  In  that  respect  we  slightly  erred. 
There  was  an  outbreak  during  Mr.  Sullivan's  address,  but  it 
was  not  a  Democratic  one.  It  occurred  after  the  meeting  had 
progressed  somewhat,  when  Dr.  Swinburne,  pufhng  from 
overhaste  and  exertion,  had  emerged  from  the  side-wings,  and 
taken  a  seat  in  the  front  of  the  stage.  When  his  genial, 
kindly  face  was  recognized,  the  whole  audience  rose  en  masse, 
and  a  roar  which  would  have  drowned  that  of  a  hurricane 
greeted  the  war-horse.  This,  however,  was  only  an  episode 
of  the  meeting  ;  and,  barring  that,  every  thing  was  conducted 
in  the  most  orderly  fashion." 

The  interruption  consisted  of  three  times  three  cheers  and 
a  tiger  for  the  doctor. 

In  the  issue  of  Oct.  29,  under  the  head  of  "  A  Man  to  be 
elected,"  the  "Evening  Journal"  editorially  said, — 

"  That  high  sense  of  fair  play  which  dwells  deep  down  in 
the  heart  of  every  American  citizen  should  elect  Dr.  John 
Swinburne  to  Congress.  Twice  he  has  been  a  candidate  for 
mayor  of  Albany.  Once  he  was  counted  out,  and  the  courts 
were  compelled  to  give  him  his  due.  The  second  time  his 
competitor  was  seated  by  a  bare  majority,  and  grave  doubts 
exist  to  this  day  if  he  had  any  majority  at  all. 

"The  brave  man  —  in  fact,  the  only  man  —  for  the  emer- 
gency, in  overthrowing  local  misrule,  was  Dr.  John  Swin- 
burne. His  active  mind,  his  intelligent  judgment,  and  his 
brave  heart  led  the  fight,  and  conducted  it  to  a  successful 
termination.     It  is  not  too  mucli  to  say  that  it  was  a  public 


KI.ECTED   TO   CONGRESS.  299 

calamity  that  he  was  not  se.ated  for  a  second  term.  fla<]  lio 
been  mayor  of  Albany,  no  political  organizations  of  either  side 
would  have  dared  to  occupy  and  to  destroy  public  property. 
Dr.  Swinburne  would  not  have  been  the  partisan  that  Mayor 
lianks  has  proved  hiinscilf  to  be.  Nor  would  he  have  sneered 
at  tax-payers,  and  snaf)ped  his  fingei's  in  their  faces.  Nor 
would  ho  have  promised  to  right  a  wrong,  and  failed  to  keep 
his  promise.  No  triller  with  the  public,  no  subservient  instru- 
ment of  any  politician,  or  ring  of  politicians,  is  Dr.  Swinburne. 
He  is  as  incorruptible  as  he  is  independent. 

"If  Republicans  will  do  their  duty  faithfully  and  earnestly. 
Dr.  Swinburne  will  be  elected.  His  following  embraces  many 
men  who  do  not  belong  to  the  Republican  party,  many  of 
whom  will  throw  a  Blaine  with  a  Swinburne  ticket." 

On  Nov.  3  the  "  Press  and  Knickerbocker "  (Indiana) 
said,  — 

"  The  voters  in  this  congressional  district  can  make  no 
mistake  by  voting  for  Dr.  John  Swinburne  to  represent  them 
in  the  next  Congress.  He  is  a  man  of  the  highest  integrity. 
No  swindling  lobbyist  can  tamper  with  him,  or  swerve  him 
from  a  faithful  discharge  of  his  duties.  He  is  sound  on  the 
tariff  and  the  great  labor  question.  All  his  life  he  has  been 
the  friend  of  the  poor,  and  has  given  the  best  years  of  his  life 
in  service  for  the  amelioration  of  their  condition.  He  under- 
stands fully  the  wants  and  the  needs  of  the  industrials  of  the 
country.  His  sympathies  have  always  been  with  the  people, 
as  against  political  rings.  He  has  never  been  a  candidate  of 
theirs  for  any  public  office,  for  the  reason  that  they  knew 
they  could  not  control  his  action.  He  is  one  of  the  most 
brainy  men  ever  nominated  for  that  office  from  any  district  in 
this  State,  and  would  wield  an  immense  power  in  Congress. 
One  sentence  from  him  on  any  public  question  would  have 
more  weight  than  columns  of  sophistr}^  from  political  dema- 
gogues. And  he  would  always  vote  right.  In  short,  he  is 
just  the  man  to  send  to  Congress  at  this  time,  when  men  of 
integrity  and  ability  are  so  much  needed  in  that  body." 

The  campaign  was  one  of  the  most  bitter  ever  contested  in 
the  county  of  Albany.  Men  holding  positions  in  the  State 
departments,  under  Democratic  officials,  were  under  a  system 
of  espionage,  where  their  loyalty  was  in  any  degree  questioned. 
Intimidation  was  resorted  to,  threats  indirectly  made,  and 
every  effort  devised  to  rob  men  of  their  manhood,  and  reduce 


300  A   TYPICAL   AMERICAN. 

them  to  political  slavery.  Albany  was  the  home  of  the  Dem- 
ocratic leader,  Mr.  Manning,  who  had  made  Gov.  Cleveland 
the  nominee  of  his  party  for  President.  Gov.  Cleveland,  it 
was  ordered,  must  have  the  regular  majority  increased  at  any 
sacrifice.  Coming  into  the  capital  city  with  a  majority  in 
Albany  County  in  1882  of  9,432,  and  having  resided  there  up 
to  the  time  of  election,  with  all  the  influence  that  his  patron- 
age was  supposed  to  secure,  the  Democratic  leaders  would 
figure  no  majority  lower  than  6,000,  and  boasted  it  would  be 
10,000.  For  Congress  the  Democratic  nominee  was  a  gentle- 
man with  a  popularity  second  to  no  man  in  the  part}^  in  the 
county  of  Albany ;  and  so  confident  were  the  leaders  of  the 
party,  that  they  were  willing,  the  evening  before  election,  to 
wager  odds  on  his  election  by  a  handsome  majority. 

But  the  elements  of  reform  were  at  work  in  the  county; 
and,  by  scores  and  hundreds,  men  who  had  always  voted  with 
the  ring  were  leaving  the  partj^  and  coming  over  into  the 
Republican  ranks,  while  hundreds  of  others,  who  would  vote 
the  head  of  the  Democratic  ticket,  were  determined  to  and 
did  vote  for  Dr.  John  Swinburne  for  Congress.  In  one  of 
the  strongest  wards  in  the  city,  the  third,  was  organized  the 
"  Swinburne  Guards,"  composed  of  independent  Irishmen, 
who  had  always  been  in  the  Democratic  ranks ;  and  they  were 
seen  in  every  Republican  parade,  and  presented  as  fine  an 
appearance  as  any  in  line,  and  were  proud  of  the  stand  they 
had  taken  for  principles.  No  other  man  in  the  Republican 
party  could  have  wielded  such  an  influence  as  did  Dr.  John 
Swinburne  in  that  campaign.  His  name  was  a  magnet  that 
drew  men  wherever  it  was  pronounced  ;  and  the  very  appear- 
ance of  his  carriage  was  often  the  signal  for  cheers  from  men 
and  boys,  while  from  the  home  of  the  lowly,  and  the  heart  of 
the  humblest  laborer,  came  an  honest  "God  bless  John  Swin- 
burne." 

With  a  united  Democratic  party  aided  by  free-trade  Re- 
publicans, and  an  immense  electioneering  fand,  the  victory 
of  Dr.  John  Swinburne  and  the  Republican  ticket  on  that 
November  day  was  an  eventful  page  in  the  history  of  political 
contests  in  Albany  County. 


K\,FAy\'VA>    TO    CONORKSS.  oOl 

The  results  f>f  the  (hiy  were;  the  rcdiiciiig  oC  dow.  Cleve- 
land's majority  from  0,432  in  1882  down  to  047  in  1884  ;  1,059 
less  that!  Hancock's  majority  in  1880.  The  majorities  in  1883 
for  comptroller,  of  3,634;  for  Senator,  3,173;  for  justice  of 
Supreme  Court,  2,939  ;  and  for  county  clerk,  3,162,  —  were  all 
wiped  out,  and  the  Republican  county  treasurer  and  coroner 
elected.  The  majority  given  Dr.  Swinburne's  opponent  when 
the  latter  ran  for  Congress  in  1882  was  6,393 ;  but  this  time  the 
people's  friend  was  in  the  field,  and  the  "Fighting  Doctor" 
saw  his  system  of  extension  and  counter-extension  illustrated 
by  the  pulling  down  at  one  end  of  the  6,398,  and  adding  at 
the  other  2,504,  as  his  majority  for  Congress,  —  a  majority  his 
friends  expect  to  see  doubled  this  fall  for  him  for  governor. 

As  the  news  came  in  to  a  prominent  Democratic  resort, 
where  a  number  of  leaders  were  anxiously  awaiting  the  re- 
turns, and  the  final  footings  showed  all  the  towns  for  Swin- 
burne, and  that  every  ward  in  West  Troy  and  Cohoes  had 
gone  for  the  doctor,  one  of  the  most  prominent  politicians 
cried  out,  in  almost  tones  of  anguish,  "  My  God,  can  that  be 
so  ?  Well,  Swinburne  can  be  elected  to  any  office  ;  and  we 
might  as  well  throw  up  the  sponge  on  him  now." 

After  the  battle,  the  Republicans  of  Albany,  while  regret- 
ting that  the  head  of  the  ticket  was  not  elected,  were  uKire 
than  delighted  with  their  success  in  the  county ;  and  they 
pointed  with  just  pride  to  their  standard-bearer  and  leader, 
and  felt  if  one  or  two  other  districts  had  had  such  a  leader, 
around  whom  all  true  citizens  could  have  rallied,  the  whole 
ticket  would  have  triumphed. 

The  "  Express,"  on  Nov.  20,  said,  — 

"  What  is  enthusiasm  ?  It  can  be  explained  without  a  dic- 
tionary by  the  masses  who  assembled  last  evening  to  pay 
their  respects  to  Dr.  John  Swinburne,  the  Congressman-elect 
from  this  district.  It  was  a  spontaneous  exhibition  of  the 
people  for  the  worth  of  one  who  has  done  more  for  the  needy 
poor  than  any  other ;  who  for  years  has  occupied  a  position 
of  trust  among  us.  Defrauded  of  the  suffrages  of  a  free  peo- 
ple, his  vote  taken  from  him,  and  after  a  sturdy  fight  installed 
into  an  office  it  was  sought  to  take  from  him,  runnins:  atrain 
for  the  office  of  mayor,  defrauded  by  the  use  of  thousands  of 


302  A  TYPICAL  AMERICAN. 

dollars,"  the  city  officials  against  him,  the  work  of  dishonest 
inspectors  throwing  him  from  a  position  he  was  honestly 
elected  to,  j'et  still  he  stood  to  the  fore;  and,  while  not  main- 
tained by  others  who  looked  for  personal  aggrandizement 
and  political  favors,  he  always  remained  the  '  friend  of  the 
people.' 

"  Knowing  this,  these  people  have  made  him  their  represent- 
ative in  the  next  (forty-eiglith)  Congress  from  this  district; 
and  last  evening  a  reception  was  tendered  in  his  honor  by 
those  who  stood  by  him  through  the  heat  of  a  campaign, 
wherein  it  was  the  hope  and  the  speech  of  henchmen  that 
'Dan  Manning  would  carry  Albany  County  for  Cleveland.' 
It  was  carried,  we  admit,  by  a  plurality  of  647  for  Cleveland ; 
while  Dr.  Swinburne  went  through  with  a  majority  of  2,500. 

"  It  Avas  not  of  his  seeking  that  the  reception  was  tendered 
him  last  evening.  It  was  the  work  of  friends.  The  Capital 
City  Blaine  and  Logan  Club,  under  a  pledge  made  to  the  Jack- 
sonians,  a  Cleveland  and  Hendricks  campaign  club,  agreed  to 
act  as  escort  in  case  the  standard-bearer  of  their  party  was 
elected,  and  it  was  understood  they  would  fulfil  their  prom- 
ise last  evening  ;  but,  owing  to  the  inclemency  of  the  weather, 
it  was  agreed  by  both  commands  to  postpone  the  parade  until 
next  Tuesday  evening.  It  was  the  intention  of  the  '  Capital 
Citys,'  after  fulfilling  the  pledge,  to  serenade  the  '  Fighting 
Doctor,'  County  Treasurer-elect  Battersby,  and  Lansing  Ho- 
taling,  the  elected  Assemblyman  from  the  second  district; 
and  this  they  will  carry  out. 

"At  eight  o'clock  citizens  generally  began  paying  their 
respects  to  the  Congressman-elect,  they  being  received  with- 
out formality  in  the  parlors  on  the  second  floor." 

On  Nov.  5  the  "  Evening  Journal  "  said,  — 

"  Search  the  returns,  by  counties,  of  every  State  from 
Maine  to  California,  and  not  a  single  one  will  show  so  posi- 
tive, so  unexpected,  and  so  decisive  a  gain  as  that  of  Albany. 

"  There  are  many  reasons  why  Republicans  to-day  should 
rejoice ;  but  there  is  no  matter,  we  believe,  for  heartier  con- 
gratulation than  the  election  of  Dr.  John  Swinburne  to  Con- 
gress. It  was  a  magnificent  tribute  to  the  man,  unprecedented 
in  the  political  history  of  this  county,  —  a  demonstration  that 
Dr.  Swinburne  enjoys  the  confidence  of  the  people  of  Albany 
County  in  a  larger  measure  than  has  any  other  man.  He  will 
take  with  him  to  Washington  the  same  conscientious  regard 
for  the  interests  of  the  people,  and  scrupulous  zeal  in  their 
behalf,  which  characterized  his  administration  of  the  affairs  of 
this  city." 


CHAPTER    XIX. 

SWINBURNE'S  DISPENSARY. 

Estahlisliing  a  Free  Dispensary.  —  Opposed  to  DefonniiiK  the  Poor.  —  A  Con- 
seientioiis  Instructor.  —  Showing  np  Malpractice.  —  War  among  tlie  Doctors. 
—  A  High-handed  Proceeding.  — Esteemed  by  Students, —  A  Commiltee'a 
Investigations.  — A  Name  that  gave  Tone. 

Revolutions  are  never  backwards,  whether  in  political  or 
scientific  economy ;  and  these  are,  as  a  general  rule,  set  in 
motion  because  of  mismanagement  by  those  in  authority, 
protested  against  by  some  advanced  mind,  who,  in  behalf  of 
humanity,  demands  a  reform  in  one,  and  a  deeper  application 
to  study  and  the  laws  of  nature  in  the  other.  In  the  rup- 
ture beween  the  doctor  and  the  professors  of  the  Albany 
Medical  College,  and  the  establishment  of  the  dispensary  in 
Albany  by  Dr.  Swinburne,  the  public  at  large  have  become 
better  acquainted  with  the  cause  of  deformities,  —  results 
which  they  have  learned  were,  in  a  great  degree,  due  to  bad 
surgical  treatment.  As  the  public,  ignorant  of  medical 
ethics,  have  had  the  light  thrown  to  them  by  one  so  eminent 
and  learned  as  Dr.  Swinburne,  they  have  been  better  able  to 
understand  these  matters  ;  and,  in  answer  to  their  unmistaka- 
ble demands,  many  of  the  profession  have  been  compelled  to 
attain  a  better  knowledge  of  medicine  and  surgery ;  although 
but  comparatively  few  in  the  vicinity  of  Albany  have  made 
any  perceptible  advance,  while  a  great  many  remain,  profes- 
sionally, where  they  were  when  they  received  the  "  sheep- 
skin "  from  their  Alma  jNIater  which  entitled  them  by  the 
laws  of  the  State  of  New  York  to  practise  medicine  and  hang 
out  the  "  M.D."  This,  of  course,  only  applies  to  those  phy- 
sicians who  believe  the  colleges  and  tradition  teach  the  only 
gospel  to  which  they  owe  allegiance.  Deformities  and  poor 
results  have  decreased  largely  ;  but  this  is  owing  to  the  fact 
that  very  many  of  the  unfortunate  maimed,  instead  of  calling 


304  A   TYPICAL   AMERICAN. 

in  every  professing  surgeon,  insist  on  their  treatment  coming 
from  the  dispensary,  and  those  who  practise  the  systems 
there  laid  down. 

The  first  incentive  to  establish  the  dispensary  arose  from 
the  doctor's  earnest  desire  to  save  the  maimed  poor  from 
mutilation  and  deformity  ;  and  to  have  accomplished  this 
revolution  without  opposition  and  sacrifice  would  have  been 
phenomenal,  and  a  consummation  unprecedented  in  the  his- 
tory of  the  world  since  the  first  and  greatest  sacrifice  for  the 
human  race  was  made  on  Calvary  by  the  Great  Physician 
and  Maker  of  all  mankind ;  as  it  appears  to  be  ordained  that 
all  efforts  to  raise  men,  or  to  ameliorate  the  condition  of  hu- 
manit}^  are  only  to  be  attained  by  sacrifices.  The  history 
of  the  founding  of  the  dispensary,  and  its  work  since  that 
time,  are  peculiar,  and  a  part  of  the  history  of  Albany. 

Dr.  Swinburne's  connection  with  the  Albany  Medical  Col- 
lege, as  physician  to  the  almshouse,  and  as  consulting  surgeon 
to  St.  Peter's  and  the  City  hospitals,  brought  to  his  notice 
many  instances  of  deformity,  where  he  believed  different 
treatment  would  have  been  productive  of  better  results ;  and 
he  determined,  no  matter  what  factions  or  professional  oppo- 
sition might  be  aroused,  to  insist  on  a  more  enlightened  and 
advanced  system  of  treating  the  injured,  that  the  poor,  and 
even  pauperism,  might,  in  the  name  of  humanity,  be  protected 
from  deformit}^,  and  a  higher  order  of  surgery,  with  better 
results  and  more  definite  learning,  be  reached ;  leaving  out 
the  practise  of  traditional  surgery,  so  that  the  best  results  in 
accordance  with  scientific  laws  might  be  accomplished.  Oc- 
cupying the  chair  of  professor  of  fractures  and  clinical  surgery 
in  the  Albany  Medical  College,  he  felt  the  double  resi^onsi- 
bility  devolving  upon  him,  —  that  of  the  treatment  of  the  peo- 
ple in  the  future  by  those  who  were  looking  up  to  him  as  a 
teacher,  and  the  duty  he  owed  the  students  to  place  before 
them  true  surgery,  and  not  malpractice  or  quackery.  This 
double  duty  he  performed  faithfully  ;  and  most  of  his  associate 
professors,  instead  of  gladly  availing  themselves  of  his  knowl- 
edge, preferred  he  should  close  his  eyes  to  their  apparent 
ignorance,  and  be  silent  to  the  injuries  their  practice  had  in- 


sv/inhurnk's  dispensary.  305 

flicted,  and  not  attempt  to  educate  the  students  in  any  liiu; 
not  in  accord  with  the  teachings  they  liad  advanced.  To 
illustrate  the  evil  results  of  i-adical,  hasty,  and  ignoiant  tra- 
ditional surij^ery,  he  did  not  seek  subjects  in  some  foreign 
clime  or  auiong  the  books;  for  there  was  a  very  numerous 
class  of  these  from  whom  to  choose  in  Albany,  who  had  been 
treated  in  the  hospitals,  institutions  professionally  under  the 
direct  supervision  of  the  college.  In  citing  these  cases,  he 
drew  attention  to  some  treated  by  members  of  the  faculty, 
according  to  a  report  of  the  Common  Council,  without  giving 
the  surgeons'  names.  One  of  these  cases,  against  which  he 
warned  the  students  not  to  pursue  a  similar  treatment,  was 
that  of  a  young  man,  William  Lawton,  a  brakeman  on  the 
New  York  Central  Railroad,  who  had  had  both  legs  crushed 
under  a  train.  He  was  taken  to  the  hospital,  made  uncon- 
scious with  ether,  and,  against  his  protest,  the  right  leg  ampu- 
tated above  the  knee ;  Dr.  Vandev^eer,  according  to  Lawton's 
statement  before  the  committee,  declaring  he  was  sure  to  die 
of  the  injuries,  and  that  the  leg  might  as  well  come  off;  Drs. 
Vandeveer,  Ward,  and  Mosher  performing  the  operation. 
The}^  sought  also  to  cut  off  the  other  leg,  but  were  prevented 
by  Lawton's  brother.  For  seven  months  he  remained  in  the 
hospital  under  the  treatment  of  Drs.  Ward  and  Mosher  ;  they, 
with  Dr.  Vandeveer,  declaring  the  other  leg  must  come  off  as 
soon  as  he  became  strong  enough  to  bear  the  operation,  Dr. 
Vandeveer  declaring  the  leg  would  be  of  no  use.  jNlean- 
while  the  foot  became  clubbed,  and  the  toes  also  so  clubbed 
that,  if  he  ever  walked  at  all,  he  would  have  had  to  do  so  on 
their  knuckles,  being  able  to  put  no  other  part  to  the  ground. 
After  a  useless  pasteboard  case  had  been  put  around  the  limb 
with  some  oakum,  nothing  was  done  for  it  by  the  surgeons. 
After  six  or  seven  months  he  was  discharged  from  the  hos- 
pital; though,  besides  these  bad  results  of  the  treatment,  his 
leg  was  bent  backward  at  the  broken  place,  the  bones  having 
failed  to  grow  together  and  overlapped  each  other.  Though 
Dr.  Swinburne  was  consulting  surgeon  to  the  hospital,  the 
case  was  never  brought  to  his  notice  while  Lawton  was 
therein.     When  called  to  see  him  at  his  home  about  a  month 


306  A   TYPICAL   AMERICAN. 

after  his  discharge,  unhealed,  from  the  hospital,  Dr.  Swin- 
burne said  that  there  was  no  need  to  cut  the  leg  off.  He  cut 
the  tendons  attached  to  Lawton's  foot,  bent  the  foot  around 
to  its  proper  place,  kept  it  there,  drew  the  leg  out  to  its  full 
length,  so  that  the  bones  fitted  together  again  instead  of 
overlapping,  and  kept  the  limb  thus  extended  till  the  broken 
ends  rejoined  and  the  tendons  grew  together ;  all  this  hav- 
ing to  be  done  to  remedy  the  deformity  which  had  grown 
up  in  the  hospital,  under  the  surgeons'  eyes.  When  Lawton 
appeared  before  the  committee,  the  leg  seemed,  and  he  said 
it  was,  in  good  condition ;  while  the  crutches  on  which  he 
came  bore  mournful  evidence  of  the  treatment  he  had  re- 
ceived before  Dr.  Swinburne  saw  him.  Another  case  was 
that  of  John  Dolan,  a  cartman,  who  was  thrown  from  his  cart 
by  a  railroad  train,  and  his  right  leg  broken  in  three  places, 
one  break  being  near  the  hip.  He  was  treated  by  Dr.  Van- 
deveer,  who  for  some  time  failed  to  discover  the  break  near 
the  hip.  Some  time  after  he  pronounced  Dolan  well  enough 
to  leave  his  bed,  and  took  off  the  dressing ;  but  the  leg  there- 
upon swelled  up  terribly.  About  three  months  later  he  took 
the  dressings  off  again  ;  but,  as  soon  as  Dolan  ■  tried  to 
move,  the  break  at  the  hip  showed  itself.  The  knee  was  stiff; 
and  the  foot  was  turned  out  sidewise,  so  that  Dolan  could  not 
turn  it  into  the  proper  position.  When  Dr.  Swinburne  was 
called  to  see  him,  he  found  that  the  bones  had  not  been 
joined;  that  the  dressings  had  been  removed,  and  all  efforts 
to  heal  abandoned ;  that  the  muscles  had  become  hopelessly 
shortened,  and  that  they  had  drawn  up  the  foot  so  that 
Dolan's  leg  was  six  inches  shorter  than  the  other.  Dr. 
Swinburne  advised  that  the  leg  be  drawn  out,  and  fastened 
till  the  shortening  was  lessened,  and  till  the  broken  bones 
united.  The  leg  was  thus  made  but  two  inches  and  a  half 
short.  Despite  all  Dr.  Swinburne  could  do,  Dolan  is  a  cripple 
for  life,  —  stiff  in  the  joints,  and  has  a  permanent  bad  swelling 
near  his  hip. 

For  this  service  Dr.  Vandeveer  charged  two  hundred 
dollars ;  and  collected  this  sum  without  Dolan's  knowledge, 
before  Dolan  was  able  to  go  out,  from  the  railroad  company, 


SWINBURNE'S   DISPENSARY.  307 

who  were  to  pay  Dolaii  damages.  For  warning  the  students 
against  repeating  similar  errors  Dr.  Swinburne  was  removed: 
so  said  the  report  to  the  Common  Council. 

Tx-cause  of  those  and  other  instances  in  which  he  differed 
with  the  faculty,  in  insisting  on  proper  treatment  of  patients 
in  the  hospital,  and  a  l)etter  system  of  surgery,  the  chair  to 
which  he  was  appointed  in  1876,  as  professor  of  fractures, 
dislocations,  and  clinical  surger3%  was  abolished.  The  college 
was  an  institution  in  which  the  public  were  interested,  and 
how  was  this  act  accomplished?  It  was  a  star-chamber  ar- 
rangement. At  eleven  o'clock  at  night,  a  majority  of  the 
faculty,  —  having  previously  agreed  among  themselves  to  pass 
a  resolution  recommending  the  trustees  of  the  college  to 
abolish  the  chair  of  surgery  occupied,  by  Dr.  Swinburne, — 
by  a  pre-arranged  agreement  with  a  majority  of  the  trustees, 
met,  and  decided  to  abolish  the  chair;  and  the  next  day  at 
eleven  o'clock  the  trustees  did  so. 

On  Professor  Swinburne  appearing  at  the  amphitheatre  of 
the  college,  Mdiere  he  was  in  the  habit  of  delivering  his 
lectures,  and  where  a  large  number  of  students  were  congre- 
gated and  awaiting  to  get  in,  he  found  the  doors  locked 
against  him;  and  was  informed  such  action  was  taken  by 
order  of  the  board  of  trustees.  Depiived  of  the  privilege  of 
holding  his  clinics  there,  he  went  to  the  hospital  to  hold 
them,  where  he  found  many  cases  of  deformity,  some  of  thera 
congenital,  but  a  much  larger  number  the  direct  results  of  bad 
surgerj'^;  and  he  was  then  more  than  ever  convinced  that  the 
people  were  too  much  and  too  badly  doctored  by  incompetency, 
and  of  the  necessity  of  a  more  enlightened  and  conservative 
surgery.  But  because  he  was  unyielding  in  his  conviction 
of  right  and  duty,  in  his  determination  to  save  the  poor  from 
mutilation,  and  to  educate  the  students  in  a  better  practical 
and  scientific  surger^^  he  was  again  frustrated  by  a  collusion 
between  the  college  faculty  and  the  governors  of  the  hos- 
pital, and  he  retired.  At  that  time  the  hospitals  were  receiv- 
ing a  large  number  of  patients :  and,  although  professing  to 
be  charitable  institutions,  they  were  only  pseudo-charitable, 
and  not  so  in  fact ;  as  all  the  poor  patients  were  paid  for  by 


308  A  TYPICAL   AMERICAN. 

the  city,  while  the  paying  patients  were  pouring  mints  of 
money  into  the  pockets  of  the  doctors. 

Finding,  on  account  of  his  connection  with  the  hospitals, 
that  their  business  was  running  behind,  and  they  losing  their 
surgery,  these  zealous  professionals  entered  into  another  com- 
bination with  the  city  authorities,  by  which  they  hoped  to 
have  the  doctor's  skill  and  labor  withdrawn  from  the  poor. 
But,  as  usual,  their  schemes  came  to  naught:  and  Dr.  Swin- 
burne, holding  to  his  motto,  ''Labor  omnia  vincit,"  was  more 
determined  than  ever  to  carry  out  his  humane  purposes.  He, 
during  all  this  time,  sought  no  conflict  with  the  profession 
which  had  solicited  him  on  his  return  from  the  Franco-Prus- 
sian war,  knowing  his  humane  and  generous  impulses,  not  to 
inaugurate  any  system  of  relief  that  would  interfere  with 
their  professional  practice  pecuniarily ;  they  promising  to 
adopt  the  most  modern  and  enlightened  system  of  conserva- 
tive surgery  as  practised  by  him,  and  to  consult  with  him  in 
all  important  matters. 

Although  this  was  the  first  conflict  between  Dr.  Swinburne 
and  the  college  faculty  that  became  a  public  matter,  it  was 
not,  in  reality,  the  first.  Many  years  before,  when  he  was  a 
very  young  man,  so  skilful  was  he  that  he  was  made  demon- 
strator of  anatomy  in  the  college,  a  position  he  held  for  three 
years.  Having,  then,  settled  and  positive  views  as  to  the 
branch  of  the  profession  it  was  his  duty  to  present  to  the  stu- 
dents, a  difference  arose  between  him  and  the  faculty ;  and 
he  retired  from  the  chair.  He  then  fitted  up  a  private  dis- 
secting-room, and  conducted  a  private  school  of  anatomy, 
having  an  attendance  of  students  that  outrivalled  that  of  the 
college  class  of  anatomy. 

In  1878  and  1879  the  students  of  the  college,  strongly  im- 
pressed with  the  value  of  his  instruction,  passed  resolutions, 
asking  the  publication  of  his  lectures,  in  book  form,  to  guide 
them  in  their  practice.  The  last  resolution,  Jan.  15,  1879, 
reads  thus  :  — 

"That  we  respectfully  and  earnestly  request  Professor 
Swinburne  to  publish  his  work  on  the  '  Treatment  of  Frac- 
tures and  Dislocations,'  for  the   benefit  of  those  who  have 


swinburnk'h  dispensary.  309 

listened  with  much  interest  to  lils  hjctures  upon  the  Hubject: 
and  we,  judging' fVoni  the  wonderful  results  we  have  witnessed 
ajb  his  hands,  deem  tlie  principles  as  defined  by  him  the  true 
ones,  and  the  a[)pliances  used  to  cany  them  out  the  most 
consistent,  simjjle,  and  I)est  that  can  be  ado])ted." 

The  action  of  the  trustees  of  the  college  in  abolishing  the 
chair  may  liave  enabled  tliem  to  carry  out  what  schemes  they 
had  in  view;  but  that  they  had  no  sympathy  from  those  most 
interested,  —  the  students,  —  is  evident  by  the  following  ar- 
ticle, published  in  the  "Albany  Argus,"  under  the  head  of 
"  Handsome  Recognition  of  Respect  "  :  — 

"  It  will  be  remembered  that,  at  a  recent  meeting  of  the  fac- 
ulty of  the  Albany  Medical  College,  a  resolution  was  adopted 
declaring  the  chair  of  fractures,  dislocations,  and  clinical  sur- 
gery abolished;  the  terms  of  the  resolution  requiring  that 
the  action  on  the  part  of  the  facult}'^  should  be  ratified  by  the 
board  of  trustees.  In  accordance  therewith  the  trustees  held 
a  meeting,  before  which  the  action  of  the  faculty,  as  above 
stated,  came  up ;  and  the  resolution  was  ratified  by  a  vote  of 
eighteen  to  four.  The  chair  in  question  was  held  by  Professor 
John  Swinburne  ;  and  it  is  said  that  more  or  less  comment  has 
been  made,  not  onl}'  including  the  students,  but  also  members 
of  the  board  of  trustees  as  well. 

"  The  students  attending  the  college,  desiring  to  give  ex- 
pression as  to  the  existing  relations  between  Professor  Swin- 
burne and  themselves,  and  desiring  also  to  return  thanks  for 
the  much  valued  service  rendered  them  by  their  professor 
while  occupying  the  chair  of  surgery,  held  a  meeting  on 
Wednesday  afternoon,  on  which  occasion  Mr.  Griffin  of  is'"ew 
York  acted  as  president,  and  Mr.  Spencer  of  Massachusetts 
as  secretary.  The  president  stated  the  nature  of  the  meet- 
ing ;  and,  on  motion,  a  conmiittee  was  appointed  to  draft  reso- 
lutions suitable  to  the  occasion,  and  expressive  of  regret  at 
the  loss  they  had  sustained  by  the  abolishment  of  the  chair 
of  fractures,  dislocations,  and  clinical  surgery. 

"  The  following  is  a  copy  of  the  resolutions  alluded  to,  which 
met  the  hearty  approval  of  the  students,  and  Avhich  were 
unanimously  adopted :  — 

"  '  Wherea!<  The  chair  of  fractures  and  dislocations  and  clinical  surgery 
has  been  set  aside  by  the  recent  action  of  the  board  of  trustees  of"  the 
Albany  Medical  College,  of  which  institution  we  are  studeuts,  which 
action  removes  from  the  faculty  Professor  John  Swinburne,  whose  pro- 


310  A  TYPICAL   AIMERICAN. 

found  erudition  in  the  science  of  surgery,  and  universally  gentlemanly 
bearing  towards  the  students,  has  endeared  him  to  us;  therefore  he  it 

"  '  llesiilced.  That  we  deeply  regret  the  severing  of  his  connection  with 
the  college,  of  the  faculty  of  which  he  was  to  us  a  desirable  and  valued 
member; 

"  '  Resolved,  That  through  the  action  of  the  trustees  we  are  compelled  to 
sustain  the  loss  of  much  valuable  instruction  on  the  subject  of  fractures, 
and  other  branches  of  clinical  surgery; 

"  '  Rexok-ed,  Tliat  a  copy  of  these  resolutions  be  presented  to  Dr. 
Swinburne.' 

"  The  lectures  on  fractures,  dislocations,  and  clinical  surgery, 
by  Professor  Swinburne,  have  been  held  Friday  afternoons  ; 
and  it  is  said  large  numbers  of  the  students  have  availed 
themselves  of  the  opportunity  to  be  present  on  those  days. 
The  action  of  the  faculty  and  the  board  of  trustees  having 
been  made  public,  it  was  a  question  whether  or  not,  under  the 
circumstances.  Dr.  Swinburne  would  deliver  his  usual  lecture 
on  Friday  afternoon.  But  it  is  said  that  on  the  appearance 
of  the  professor  at  the  usual  hour  designated  he  was  received 
with  rounds  of  applause,  and  the  students  generally  expressed 
themselves  as  being  deeply  grateful  for  the  many  courtesies 
and  valued  services  rendered.  It  was  probably  the  last  lec- 
ture that  Professor  Swinburne  will  deliver,  as  it  was  learned 
tliat  he  was  denied  the  privilege  of  holding  his  usual  Satur- 
day clinic  yesterday ;  and,  in  commenting  on  the  subject,  the 
students  have  expressed  themselves  as  noted  in  the  resolu- 
tions above." 

The  matter  had  become  public  talk,  and  caused  considera- 
ble newspaper  comment.  The  city  of  Albau}^  was  a  member 
of  the  corporation  of  the  college,  the  mayor  and  recorder 
being  ex-officio  members;  and  on  Feb.  2,  1880,  the  Common 
Council,  a  large  majority  being  Democrats,  appointed  Thomas 
B.  Franklin,  Edwin  V.  Kirtland,  and  M.  J.  Gorman  a  com- 
mittee on  the  affairs  of  the  Albany  Medical  College,  and  the 
removal  of  Dr.  John  Swinburne.  The  committee,  after  a 
prolonged  investigation,  submitted  their  report,  in  which  they 
said, — 

"  Dr.  John  Swinburne  is  one  of  the  most  eminent  citizens 
of  Albany,  a  man  in  whose  fame  every  Albanian  is  entitled 
to  take  a  just  and  generous  pride.  For  the  four  years' 
instruction  given  by  him  in  the  college,  he  has  received  no 
compensation. 

"He  is  now  conducting  a  practice  of  about  a  hundred  and 


Swinburne's  dispensary.  'Ill 

twenty  patients  daily;  alxMiL  a  liiiii(li(!(l  of  whom  are  treated 
at  ]iis  offi'-c,  or  in  an  iMljoininir  dispensary  l)uilt  by  him  for  the 
puri)()sc  lasl,  fall.  Ho  holds  a  snrj^ical  clinic  every  Saturday 
morning,  where  are  treated  weekly  from  twenty  to  forty  pa- 
tients. These  clinics,  during  the  last  session  of  the  college, 
were  attended  by  thirty  or  forty  of  its  students.  From  twenty 
to  thirty  3'oung  men  are  entered  as  students  in  his  office, 
and  learn  the  art  of  surgery  by  practice  und(;r  his  direction. 
Since  the  first  of  October  last,  about  two  thousand  cases  have 
been  treatetl  in  his  practice,  without  a  single  failure  to  heal; 
a  result  almost,  if  not  quite,  unparalleled  in  the  history  of  the 
surgical  art.  What  is  [jcrhaps  more  remarkable  still,  this 
immense  scientific  result  has  been  achieved  almost  wholly  at 
Dr.  Swinburne's  own  cost.  Possessed  of  means  that  place 
him  beyond  the  need  of  working  for  his  bread,  instead  of 
retiring  from  practice,  he  continues  it  with  singular  energy; 
instead  of  seeking  practice  among  the  rich,  he  has  repeatedly 
refused  it  when  offered,  and  has  long  and  freely  given  his  ser- 
vices in  nine-tenths  of  the  cases  he  has  treated,  often  refusing 
fees  from  poor  patients  when  tendered.  J>eaving  to  less  for- 
tunate brethren  the  remunerative  practice,  he  has  contented 
himself  with  dispensing  one  of  the  noblest  of  charities,  the  use 
of  great  professional  skill,  to  aid  a  mass  of  sufferers  unable  to 
pay  for  it.  Even  this,  however,  has  not  availed  to  save  him 
from  envy.  Some  members  of  his  profession,  instead  of  admir- 
ing and  emulating  his  generosity,  have  complained  of  it  as 
tending  to  prevent  them  from  getting  fees  from  some  of  the 
poor  persons  whom  he  has  healed  without  charge. 

"  He  is  now  consulting  surgeon  to  two  hospitals  —  St.  Peter's 
and  the  Child's  ;  and,  though  not  a  homoeopath,  surgeou-in- 
chief  to  the  Homoeopathic. 

"Things  were  in  this  condition,  when,  on  re-assembling  after 
the  holiday  recess  in  Januar\'  last,  the  students  of  the  college 
were  amazed  by  the  news  that  Dr.  Swinburne  had  been  'legis- 
lated out  of  office,'  —  that  his  chair  was  abolished  ;  and  that 
they  would  not  be  allowed  to  complete  the  course  of  instruc- 
tion by  him,  for  which  they  had  entered  and  paid.  The  pub- 
lic were  startled  by  the  news  that  one  of  the  foremost  of  their 
number  had  been  suddenly  expelled  from  a  faculty,  —  his  mem- 
bership wherein  was  a  matter  of  proper  civic  pride  and  of 
city  benefit,  —  and  that  the  arrangement  for  the  special  instruc- 
tion of  the  coming  physicians  of  Albany  in  a  most  important 
branch  had  ceased." 

After  describing  the  manner  in  which  the  abolishing  of  the 
chair  was  effected,  the  committee  said,  — 


312  A  TYPICAL  AMERICAN. 

"  Such  in  brief  is  the  history  of  this  extraordinary  trans- 
action. The  city's  representatives  in  the  board  of  trustees, 
the  ma^'or  and  recorder,  were  kept  in  utter  ignorance  of  the 
project  until  it  was  carried  through  ;  and  they  severely  con- 
demned it  when  they  learned  of  it.  The  mayor  states  that 
had  lie  known  of  it  the  resolution  would  probably  not  have 
passed,  and  that  he  deems  its  passage  an  outrage.  The  presi- 
dent of  the  board,  Hon.  Amasa  J.  Parker,  strongly  disapproved 
the  act,  and  voted  against  it.  The  dean  of  the  faculty,  Dr. 
Thomas  Hun,  knowing  that  the  act  was  to  be  done,  refrained 
from  presiding  at  the  faculty  meeting,  absented  himself 
thence,  and  avoided  all  connection  witli  the  matter.  The 
secretary  of  the  trustees,  Mr.  Geoige  Dexter,  expressed 
regret  at  the  abolition  of  the  chair,  and  said  if  he  had  to  vote 
on  the  subject  again  he  should  oppose  it.  Hon.  Bradford  li. 
Wood,  formerly  United-States  minister  to  Denmark,  one  of 
the  most  prominent  and  respected  citizens  of  Albany,  opposed 
the  resolution  in  the  board,  and  testifies  that  it  was  sprung 
on  Jiim  without  notice,  and  that  he  disapproves  the  entire 
action.  Hon.  Joseph  H.  Ramsey,  president  of  the  All)an3^ 
and  Susquehanna  Railroad,  formerly  State  Senator  from 
Albany  County,  testifies  that  he  considers  the  action  unjust, 
and  a  grave  injury  to  the  interests  of  the  college.  President 
Potter  of  Union  University  was  not  present  at  the  meeting  of 
the  board,  and  seems  to  have  known  naught  of  the  affair. 
Mr.  Clarence  Rathbone  also  opposed  the  abolition. 

"  The  majority  of  the  trustees  who  voted  for  the  abolition 
almost  unanimously  confess  that  they  did  so  in  ignorance  of 
the  facts  (jf  the  case,  and  in  deference  to  the  wishes  of  the 
faculty  They  say  that,  as  laymen,  they  did  not  deem  them- 
selves competent  to  decide  physicians'  disagreements;  and 
that,  being  informed  that  there  was  a  want  of  harmony  in  the 
faculty,  they  thought  it  a  hopeless  task  to  silt  the  matter,  and 
preferred  to  dispose  of  it  by  letting  the  member  of  the  faculty 
go  who  could  not  agree  with  his  colleagues.  But  herein  they 
plainly  failed  in  their  duty.  As  the  legal  corporation  and 
rulers  of  the  college,  they  should  have  ascertained  the  nature 
and  cause  of  that '  want  of  harmony'  among  the  facult}^  — 
which  your  committee  have  found  by  no  means  impossible  to 
do, — and  should  have  seen  that  the  interests  of  the  college  and 
of  the  public  were  protected,  and  no  injustice  done.  The  cus- 
tom of  the  majority  ruling  has  very  positive  bounds.  A  ma- 
jority has  no  more  right  to  commit  injustice  than  a  minority. 
Your  committee  are  aware  that  this  view —  that  the  man  who 
cannot  agree  with  liis  colleagues  should  go  out  —  obtains  in 


SWINHURNE's    DISPENSAItY.  8155 

otlinr  institutions  jiikI  places  ;  hiil,  it  ciinnot  Ix;  too  scvc.TcAy 
condonincd.  It  is  u  product  of  l;i7,in(;ss,  cowitrdice,  and  care- 
lessness, and  (jl'ten  bieods  <^vosh  wrong.  Under  its  [jractical 
working  a  man  may  know,  or  be  the  victim  of,  a  great  injus- 
tice ;  and  if  he  will  not  silentl}'  acquiesce  or  suffer,  hut  dares 
resist  or  complain,  the  appointing  power,  hecause  Ik;  "  cannot 
agree  with"  those  who  niisiionduct,  displaces  the  inno(;ent 
a.nd  retains  the  niisdoers.  This  {)Uts  a  penalty  on  innocence 
and  a  premium  on  wrong.  Men  who  act  on  sucli  a  view  as 
this  deserve  to  be  despised.  Nor  does  it  seem  to  have  occurred 
to  either  trustees  or  faculty  that  if  any  one  was  to  leave  the 
college  it  should  luive  been  those  who  failed,  instead  of  him 
who  had  succeeded  where  they  failed. 

"■  The  reason  iiscertaincd  by  your  (;ommittee  for  the  faculty's 
recommending  that  Dr.  Swinburne  be  legislated  out  of  place, 

—  that  he  showed  his  classes  failures  made  by  his  colleagues. 

—  assumes  that  he  was  bound  to  conceal  the  shortcomings  of 
his  colleagues  and  brother  physicians  ;  but  this  assumj)tion 
cannot  be  tolerated  an  instant.  It  is  a  gross  violation  of  that 
right  of  free  speech  which  is  dear  to  everj'  American  freeman, 
and  which  no  man  worthy  the  name  of  freeman  will  ever  yield. 
Besides,  every  man  must  stand  or  fall  on  the  record  he  makes  : 
no  man  has  a  right  to  demand  that  others  shall  help  him  to 
hide  his  misdeeds ;  and,  to  these  plain  rules  of  fairness  and 
co'mmon  sense,  [jhysicians  are  not  exceptions. 

"But  the  matter  is  far  more  important  in  another  way. 
The  demand  that  one  physician  shall  aid  to  cover  up  the  short- 
comings of  another,  aims  to  keep  the  incompetent  physician 
employed  in  treating  patients  who  emplo}-  him  under  a  mis- 
taken belief  in  his  skill,  and  to  enable  him  thus  to  realize  an 
income  he  does  not  deserve.  If  this  is  successful,  it  results 
in  placing  the  competent  and  studious  physician  at  a  disad- 
vantage, by  compelling  concealment  of  his  superiority  over 
his  less  competent  brother,  and  thus  defrauding  him  of  repute, 
practice,  and  revenue,  which  are  justly  his,  for  the  benefit  of 
him  who  is  not  entitled  thereto. 

"  Since  it  became  known  that  he  had  ceased  to  be  connected 
with  the  Albany  Medical  College,  two  colleges  in  New  York 
have  offered  him  chairs.  He  has  also  received  invitations  to 
treat  fractures  at  St.  Vincent  Hospital ;  and  has  been  invited 
by  Dr.  J.  Marion  Sims  to  go  to  London,  antl  teach  the  suigeons 
of  that  scientific  metropolis  of  the  world  how  to  hearsuch 
injuries.  Thus  the  fruit  of  his  removal  has  been  to  expose 
Albany  to  the  risk  of  the  total  loss  of  his  skill.  He  informs 
3'our  conuuittee  that  he  does  not  wish  to  be  re-instated  in  the 
colleo'e. 


314  A  TYPICAL  AMERICAN. 

"  It  is  stated  by  some  of  the  trustees  that  tlie  board  were 
informed  by  Dr.  Vanderpoel  and  others  that  the  faculty 
stood  read}^  to  resign  in  a  body  unless  Dr.  Swinburne  was 
ousted;  but  every  member  of  the  faculty  —  a  majority  — 
whom  the  committee  have  been  able  to  examine  flatly  denies 
having  taken  any  such  position.  Your  committee,  however, 
are  unable  to  perceive  that  had  the  faculty  taken  this  stand, 
or  been  believed  to  do  so,  it  would  justify  the  hasty  action  of 
the  majorit}'-  of  the  trustees.  The  latter  are  supposed  to  be 
men  competent  to  act  intelligently  and  justly,  and  not  to  be 
liable  to  intimidation.  Besides,  the  facts  ascertained  regard- 
ing Drs.  Vanderpoel,  Vandeveer,  Ward,  Mosher,  Bigeiow, 
and  Hailes,  by  no  means  indicate  that  had  they  resigned  the 
interests  of  the  college  would  have  materially  suffered. 

"  Regarding  the  '  want  of  harmony'  which  many  witnesses, 
by  evident  preconcert,  alleged  as  the  cause  for  abolishing  the 
chair  of  clinical  surgery.  Dr.  Swinburne  testifies  that,  though 
experience  had  given  him  bad  impressions  of  some  of  the  fac- 
ulty, he  had  no  ill  will  toward  any  of  them,  and  was  astonished 
at  their  course  ;  and  it  does  not  appear  that  he  ever  tried  to 
keep  or  put  any  of  them  out  of  the  college. 

"  The  utter  flimsiness  of  the  reason  assigned  for  depriving 
the  college  of  its  most  illustrious  instructor  suggests  the  ex- 
istence of  other  reasons,  and  these  are  not  hard  to  find.  The 
abolished  chair  has  been  divided  between  the  two  men  whose 
failures  Dr.  Swinburne  ielt  obliged  to  warn  the  students 
against  repeating  ;  and  it  may  be  expected  that  those  men 
will  instruct  future  students,  and  be  resorted  to  by  future 
graduates  as  consulting  surgeons,  with  consequences  to  the 
patients  which,  in  view  of  those  failures,  may  be  imagined. 

"  Dr.  S.  Oakley  Vanderpoel  —  who  as  temporary  presiding- 
officer  of  the  faculty,  and  as  a  member  of  the  trustees  took 
part  in  the  removal  of  Dr.  Swinburne,  and  who  seems  to 
entertain  strong  objections  to  investigations  —  was,  during 
Gov.  Fenton's  administration,  twice  a  candidate  for  the  post 
of  surgeon-general,  which  he  had  held  under  Gov.  Morgan. 
Dr.  Swinburne,  being  consulted  by  the  governor  on  the  subject, 
advised  against  the  appointment.  When,  on  the  re-organiza- 
tion of  the  present  college  faculty  in  18i6,  it  was  proposed  to 
make  Health-officer  Vanderpoel  dean,  and  Deputy  Health- 
officer  Mosher  registrar.  Dr.  Swinburne  strongly  opposed 
this,  and  defeated  Vanderpoel's  election,  deeming  him  unfit. 
The  services  courageously  rendered  by  Dr.  Swinburne  in 
these  matters  were  such  as  to  entitle  him  to  Dr.  Vanderpoel's 
life-long  remembrance.     Indeed,  Dr.  Swinburne  seems  to  be 


SWrNHIIRNK's    rUHPENSARY.  315 

afflicted  witli  an  unfortunate  propensity,  which  Lord  Chester- 
field would  have  I'Cf'rctted  and  cond(;mned,  — a  propensity  for 
sj)eaking  the  truth;  and  this  habit  appears  to  iiave  peculiarly 
endeared  liim  to  otli(!rs  besides  Dr.  Vanderj)oel. 

"liesides  the  reasons  alrciady  referj'ed  tf),  Dr.Jaefih  S.  Mosher, 
now  recfistrar  of  the  faculty,  who,  as  well  as  Dr.  Vanderijoel. 
has  placed  hiniself  in  practical  contempt  of  the  auth(jrity  of 
the  Common  Council,  b}'^  refusincj  to  answer  cpiestions  about 
this  subject,  was,  as  deputy  health-officer  under  Dr.  Vander- 
poel,  necessai'ily  privy  to  many  of  the  hitter's  transactions; 
and,  in  the  first  investigation  of  his  su[)erior"s  acts,  he  received 
one  or  two  severe  touches  from  Dr.  Swinbuiiie.  For  instance, 
Dr.  Mosher  swore  before  the  Senate  Finance  Committee  that 
the  running-expenses  of  the  quarantine  steamer  '  Fletcher,' 
in  1872,  were  about  five  hundied  dollars  a  month  :  Dr.  Swin- 
burne put  in  evidence  the  fact  that  the  expenses  were  just 
about  twice  what  Dr.  Mosher  swore  they  were.  The  latter, 
as  executive  officer  of  quarantine,  swore  that  the  '  Fletcher' 
was  needed  to  carry  the  sick,  and  that  he  had  seen  there 
hundred  cases  of  cholera  on  her  in  one  year :  Dr.  Swinburne 
showed  that  during  the  whole  of  Mosher's  administration  to 
that  time  there  were  by  official  report  only  fifty-two  cases  of 
cholera.  He  also  suggested  that  the  Senate  Committee  incpiire 
whether  the  deaths  of  a  number  of  convalescent  patients  on 
Swinburne  Island  was  due  to  Dr.  Mosher's  introducing  a  small- 
pox patient  among  them.  It  is  true  that  Dr.  Swinburne  did 
none  of  these  things  till  Dr.  Mosher  had  joined  with  Vanderpoel 
in  misrepresenting  him  to  the  committee.  When  Dr.  Mosher 
was  made  registrar.  Dr.  Swinburne  spoke  and  voted  against 
it,  saying  he  considered  him  unfit  to  take  charge  of  the  funds. 
Favors  like  these  are  apt  to  be  long  remembered.  It  was 
Dr.  Mosher  who  pre-arranged  the  meeting  of  the  trustees  at 
which  Dr.  Swinburne  was  removed  from  the  college  ;  and  it 
was  Dr.  Vandeipoel  who,  besides  falsely  informing  the  trus- 
tees that  the  faculty  would  all  resign  unless  this  abolition 
took  place,  also  informed  the  trustees  that  there  was  no  need 
of  Dr.  Swinburne's  services. 

"  Dr.  William  Hailes,  jun.,  who  voted  for  the  resolution  to 
displace  Dr.  Swinburne,  was  disquieted  by  Dr.  Swinburne's 
showing  to  his  class  the  dislocated  shoulder  of  Mrs.  Ann  Bal- 
lard, which  Dr.  Hailes,  though  not  a  surgeon,  had  tried  to 
treat,  and,  after  carrying  the  patient  through  a  month's  terri- 
bly painful  treatment,  had  wholh^  failed  to  replace.  Dr.  John 
M.  Bigelow,  wiio  voted  for  the  same  resolution,  was  annoyed 
by  Dr.  Swinburne's  showing  the  students  the  case  of  Miss 


316  A   TYPICAL   AMERICAN. 

Reilly,  whose  limbs,  under  six  months  of  Dr.  Bigelow's  treat- 
ment, became  so  deformed  that  she  could  not  move  ;  and  whom 
Dr.  Bigelow  gave  up  as  sure  to  die  of  the  rheumatism  which 
deformed  her,  but  whom  Dr.  Swinburne  cured.  Dr.  Samuel 
B.  Ward,  who  seconded  the  resolution  looking  to  Dr.  Swin- 
burne's removal,  was  displeased  b}'-  that  gentleman's  com- 
ments on  his  reading  a  paper  before  the  County  Medical 
Society,  and  publishing  it  in  '  The  American  Journal  of 
Obstetrics,'  wherein  he  stated,  as  facts,  things  of  a  very 
doubtful  sort.  He  was  also  disturbed  by  Dr.  Swinburne's 
healing  many  patients  whom  he  had  treated  without  success. 

"  Mr.  Robert  H.  Pruyn,  who  aided  in  the  board  of  trustees 
to  abolish  Dr.  Swinburne's  chair,  and  whose  refunds  of  large 
sums  to  the  Japanese  government  in  a  way  not  precisely  vol- 
untary are  matters  of  notoriety,  was  far  from  pleased  by  Dr. 
Swinburne's  expressing  the  belief  that  he  shared  Vanderpoel's 
quarantine  profits,  and  observing  concerning  him  that  '  it 
was  fortunate  for  Japan  that  she  was  anchored.'  Mr.  H.  H. 
Martin  was  not  exactly  gratified  at  Dr.  Swinburne's  strictures 
as  an  expert  on  a  scheme  to  supply  the  city  with  water,  with 
which  sclieme  Dr.  Martin  was  connected. 

"But  the  financial  affairs  of  tlie  college  afford  another  reason 
for  the  desire  to  get  rid  of  Dr.  Swinburne.  The  latter  testi- 
fies that  the  income  of  the  college  has  never  been  properly 
staled,  or  accounted  for,  since  he  entered  the  faculty  in  1876. 
Professor  Balch,  chairman  of  the  finance  committee  of  the 
faculty,  testifies  that,  except  in  one  year,  he  has  never  been 
able  to  get  a  sight  of  the  books  of  account.  The  mayor 
and  recorder,  and  nearly  every  one  of  the  trustees,  state  that 
they  know  naught  of  the  financial  state  of  the  institution 
beyond  the  debt  secured  by  mortgage  ;  and  few  of  them  really 
know  aught  of  that.  One  gentleman  had  to  be  convinced 
before  he  could  testify  that  he  was  a  member  of  the  board  : 
he  did  not  know,  nor  at  first  believe,  that  he  was.  Very  few 
of  the  faculty,  not  even  the  dean,  knew,  or  coulcj  intelligently 
state,  the  financial  condition  of  the  concern.  The  registrar, 
Dr.  Jacob  S.  Mosher,  into  whose  hands  the  money  paid  in  by 
the  students  has  gone,  was  unable  when  on  the  stand  to  state 
the  annual  income  or  expenditure  of  the  college  ;  and,  being 
desired  to  produce  the  books  and  accounts  for  the  committee's 
information,  committed  an  additional  contempt  by  refusing 
to  produce  them  ;  giving  as  an  excuse  the  extraordinary  asser- 
tion that  the  finances  of  the  college  were  a  strictly  private 
matter,  and  that  even  the  trustees,  the  legal  corporation 
of  the  college,  had  no  right  to  examine  into  the  finances  of 


Swinburne's  dispensary.  :517 

their  own  instiliilioii.  Mi',  (leorge  Dexter,  treasurer  of  the 
triist(!cs,  sliites  tliiit  ho  hiiiMilcH  none  of  the  funds,  does  not 
see  tho  hooks,  iior  know  the  receipts  or  (jxjienditnros.  The 
re[)orts  of  th(!  colh'f^'c.  to  the;  regents  of  tho  S(;ite  University, 
aluve  the  appointment  of  tho  i)resent  faculty  in  1876,  have 
failed  to  comply  with  the  law  since  Jan.  81,  1^77,  having 
made  no  statement  of  the  finances  of  the  college." 

Dr.  Swinhurne's  withdrawal  from  the  Albany  Hospital  was 
a  necessary  step,  demanded  by  every  consideration  of  profes- 
sional pride,  and  the  honest  protection  he  felt  bound  to  accord 
such  of  his  private  patients  as  were  in  that  institution.  The 
particulars  of  this  quarrel  are  given  in  an  article  in  the 
"Albany  Morning  Express,"  Nov.  13,  1878,  in  which  that 
paper  mentions  Dr.  Swinburne  as  one  of  the  names  which 
gave  character,  tone,  and  dignity  to  the  institution.  The 
"  Express  "  said,  — 

"  Yesterday  was  a  day  of  quiet  but  intense  excitement  with- 
in the  cold  walls  of  the  Albany  Hospital.  Dr.  Swinburne,  the 
consulting  surgeon,  did  not  put  in  an  appearance.  Dr.  Rus- 
sell, the  house  physician,  was  in  the  blues  over  a  snubbing  he 
had  received  from  some  of  the  doctors  ;  and  whispers  were 
current  that  the  splendid  staff,  comprising  the  leading  physi- 
cians of  the  city,  was  abofit  to  dissolve,  and  that  a  row  was 
imminent  which  would  cast  in  the  shade  all  previous  quari-els 
of  the  doctors.  We  were  aware  that  the  board  of  governors 
had  held  secret  sessions,  and  that  the  house  physician  had 
been  on  trial  for  some  offence  ;  but  it  was  not  until  yesterday 
afternoon  that  we  were  enabled  to  get  at  the  facts  of  the  case, 
which  we  now  present  entire  to  the  readers  of  the  '  Express.' 

"It  now  seems  evident  that  there  is  to  be  a  break  in 
the  ranks,  and  that  some  of  the  physicians  will  retire.  Dr. 
S.  A.  Russell,  the  house  physician,  is  a  gentleman  who  is  pre- 
sumed to  be  a  warm  partisan  of  Dr.  Vandeveer,  and  whom 
Dr.  Swinburne,  the  consulting  surgeon,  evidently  regards  as 
inimical  to  his  (Swinburne  s)  interests.  Dr.  Russell  is 
charged  with  interfering  with  the  patients  of  Dr.  Swinburne, 
and  has  been  so  persistent  in  it  that  the  consulting  surgeon 
at  last  preferred  formal  charges  against  him.  The  case  of 
the  offending  doctor  has  been  acted  upon  by  the  board  of 
governors,  who  have  acquitted  the  gentleman  with  a  slight 
reprimand,  as  will  be  seen  by  the  following  letter,  which  Mr. 
Sartell  Prentice  has  forwarded  to  Dr.  Swinburne  :  — 


318  A   TYPICAL   AMERICAN. 

Albany,  Nov.  9,  1878. 
Dk.   John  Swinburne, 

ConsuUinf/  Surgeon  of  the  Albany  Hof^pital. 

Dear  Sir,  —  At  the  meetino;  of  the  board  of  governors  of  the  Albany 
Hospital  last  evening,  after  the  retirement  of  the  several  members  of  the 
hospital  staff,  who  had  by  visitation  favored  the  board  with  their  presence, 
the  charges  preferred  by  you  against  the  house  physician,  Dr.  S.  A.  Russell, 
were  taken  up  for  consideration. 

After  a  general  and  free  interchange  of  views,  the  following  re.solution, 
a  copy  of  which  I  was  instructed  to  convey  to  you,  was  unanimously 
adopted: — 

Resolved,  That  this  board,  having  heard  the  full  charges  against  the 
house  physician,  togetlier  with  his  explanations  of  them,  think  tliat  the 
charges  should  be  dismissed;  while  at  the  same  time  they  do  not  think 
that  the  house  physician  should  attempt  to  retain  private  patients  in  the 
hospital,  against  the  desire  of  the  physician  attending  them.  They  believe, 
however,  that  the  house  physician  acted  in  good  faith,  and  for  what  he 
thought  to  be  the  best  interests  of  the  hospital,  and  therefore  the  charges 
are  dismissed. 

I  remain  very  respectfully  your  obedient  servant, 

SARTELL  PRENTICE,    Secretary. 

"  The  trouble,  we  believe,  originated  in  this  way.  A  Mr. 
Alexander  Sheppard  of  Rondout  visited  Dr.  Swinburne  late 
last  summer.  He  wished  to  be  treated  for  some  serious 
difficulty,  and  was  advised  by  the  doctor  to  remain  in  town, 
and  enter  the  Albany  Hospital.  He  agreed  to  do  so,  returned 
to  Rondout  to  arrange  his  business  affairs,  and  within  a  month 
came  back,  and,  at  the  solicitation  6f  Dr.  Swinburne,  entered 
the  hospital.  He  was,  it  seems,  not  contented  ;  for  he  left  the 
institution,  and  removed  to  No.  9  Lancaster  Street.  It  is  said, 
and  Sheppard  verifies  it  by  an  affidavit,  that  there  was  a 
quarrel  between  Drs.  Russell  and  Swinburne,  after  which 
Russell  spoke  against  Swinburne,  and  endeavored  to  wean 
Sheppard  from  Swinburne;  and  that  he  (Russell)  refused  to 
treat  Sheppard  as  Dr.  Swinburne  desired.  In  his  affidavit 
Sheppard  says  that  Dr.  Swinburne,  in  company  with  Dr. 
Whitehorne,  assistant  house  surgeon,  called  to  see  him  on 
Saturday,  Oct.  19,  1878,  at  about  ten  o'clock  a.m.,  and 
before  the  clinic;  —  that  the  first  words  of  Dr.  Swinburne, 
upon  entering,  were,  '  Well,  old  fellow,  are  you  ready  for  an 
operation  before  the  students  ?  '  —  that  deponent  said,  'No,  sir, 
I  will  not  be  operated  upon  in  tliis  hospital ;  I  will  go  home 
and  bring  my  wife  here,  and  make  some  different  arrange- 
ments ;  I  will  get  private  quarters,  and  have  you  operate  upon 
me  privately  ;  I  will  not  remain  in  this  institution  ; '  —  that  Dr. 
Swinburne  thereupon  remonstrated  with  deponent,  saying  that 
that  would  delay  deponent  another  week,  and  urged  deponent 


Swinburne's  dispensary.  3U) 

to  f(3maiti  in  tlu;  liospilul  iiiid  i^o  on  wiMi  tlic  ojjonition  Unit 
cl;iy,  as  this  course  would  cost  liiin  uotliin*^  Init  his  Ijcard, 
while  the  (jther  would  cost  cousidcraljle  uioiiey;  —  that  Or. 
Swinburne  continually  praised  the  said  hospital,  and  urged 
deponent  to  remain  tliere,  but  that  deponent,  notwithstanding 
such  advice,  utterly  refused  to  remain  in  said  institution,  for 
reasons  which  deponent  stands  rciady  to  make  known  to  the 
board  of  governors  of  said  liospital,  if  tlesired.  Slie[)pard 
fuitiuT  says  that  he  stands  at  all  times  ready  to  answer  any 
inquiries  which  the  board  of  governors  of  said  hospital  may 
think  proper  to  make. 

"  Yesterday  afternoon  we  sent  a  reporter  to  see  Mr.  Shej> 
pard  at  his  boarding-house,  and  he  made  the  following  state- 
ment. Mr.  Shepjiard  is  an  intelligent  man,  and  talked  in  the 
presence  of  his  wife  and  child.  He  said  he  regarded  the 
present  management  of  the  Albany  Hospital  very  i)ad.  'I  was 
there  for  two  weeks,  paying  nine  dollars  per  week  for  boaid, 
which  was  an  exorbitant  price,  considering  the  poor  accommo- 
dations and  food  which  I  had.  In  the  treatment  of  my  case 
it  was  necessary  for  me  to  use  hot  water.  I  made  repeated 
requests  that  it  be  fui'nished  me,  but  was  at  last  obliged  to 
get  out  of  bed  at  night,  and  heat  the  water  in  an  old  coffee- 
pot over  my  lamp.  Dr.  Russell  called  upon  me  daily,  making 
inquiries  how  I  felt.  I  told  him  I  was  suffering  witli  a  severe 
pain  in  my  head ;  but  he  did  nothing  to  relieve  it  until  I  told 
him  I  would  report  his  neglect  to  the  mamfgers  of  the  hospi- 
tal. This  threat  seemed  to  have  the  desired  result,  for  he 
gave  me  something  which  eased  the  pain.  During  all  this 
time  I  was  attended  by  Dr.  Swinburne.  I  feel  very  thankful 
to  him  for  his  care  and  attendance.  My  wife  and  myself  are 
living  for  a  trifle  more  here  than  was  charged  for  my  board  at 
the  hospital,  besides  having  proper  food.  I  will  say,  however, 
for  the  nurses  of  the  institution,  that  they  are  excellent,  kind, 
obliging,  and  well  versed  in  all  that  pertains  to  their  business. 
I  found  I  Avas  not  getting  along  as  fast  as  I  should  under 
this  kind  of  treatment:  so  I  left.  After  leaving,  Dr.  Swin- 
burne performed  an  operation  on  me ;  and  so  successful  was  he, 
that  I  will  recover.  1  know  nothing  as  to  how  the  other 
patients  are  cared  for;  but,  if  they  receive  the  same  kind  of 
treatment  which  I  did,  I  wonder  that  any  of  them  ever  get 
well.     Dr.  Russell  was  inattentive,  and  at  times  impertinent.' 

''  It  seems  that  Sheppard  is  not  the  only  one  who  com})lains  ; 
for,  in  the  trial  of  Dr.  Russell  before  the  board  of  governors, 
the  following  affidavit  from  another  patient  was  read:  — 


320  A   TYPICAL   AMERICAN. 

City  axd  County  of  Albany,  ss. 

Bella  E.  Humphrey,  bein.s:  duly  sworn,  says  that  she  resides  at  Salis- 
bury, Herkimer  County,  N.Y.  ;  that  she  came  to  the  All>uny  City  Hos- 
pital on  Saturday,  the  twenty-fourth  day  of  Au,s;ust,  1878,  for  surgical 
treatment  of  the  knee-joint;  that  deponent  was  treated  by  Dr.  John  Swin- 
burne, whom  deponent  supposed  was  the  reofular  attending  surgeon  of  the 
hospital,  and  has  continued  imder  treatment  by  said  Dr.  Swinburne  up 
to  the  present  time;  that  about  three  weeks  since,  deponent's  knee  was 
operated  upon  l)y  Dr.  Swinburne  before  the  class  of  students,  and  has 
upon  several  other  occasions  been  before  the  class  for  classical  instruc- 
tion; that  during  the  week  following  such  operation,  Dr.  Hussell.  house 
surgeon  of  the  hosi)ital,  came  to  the  room  of  deponent,  —  which  is  No.  20, 
and  is  a  private  room,  deponent  be>ing  a  private  patient  of  Dr.  Swin- 
burne,—  and  said  to  deponent,  "Bella,  if  Dr.  Swinburne  comes  here 
after  you  to-day,  don't  you  go; "  that  deponent  said,  "  What  do  you  mean, 
doctor?  "  that  said  Russell  then  said,  '*  Dr.  Swinburne  and  I  had  aflare-up 
this  morning,  and  he  is  coming  to  take  his  patients  away;  "  that  deponent 
said  to  Dr.  Russell  that  she  did  not  mean  to  go  anywhere  else  to  board, 
but  wanted  to  remain  at  the  hospital,  and  under  the  care  of  Dr  Swinburne, 
until  able  to  go  home  with  safety;  that  said  Russell  said  that  thereafter 
deponent  would  be  under  the  care  of  Dr.  Ward  or  Dr.  Vandeveer,  and 
would  receive  as  good  treatment  as  heretofore.  Deponent  further  says 
that  Dr.  Swinburne  never  advised  deponent  to  leave  the  hospital,  but  has 
continually  urged  deponent  to  remain  at  the  hospital  until  al)le  to  return 
home,  and  that  the  treatment  by  Dr.  Swinburne  has  always  been  satisfac- 
tory to  deponent. 

BELLA.   HUMPHREY. 

Swoi-n  to  before  me  this  sixth  day  of  November,  1878. 

A.   S.   DRAPER, 

Notary  Public,  Albamj  Counfy. 

"  But  the  board  of  governors,  after  hearing  this,  and  con- 
versing with  Drs.  Ward  and  Vandeveer  and  others,  retained 
Dr.  Russell,  whereupon  we  believe  three  members  of  the  staff 
have  retired  from  the  institution,  and  much  bad  blood  has 
been  engendered  throughout  the  profession  generally. 

"  Yesterday  evening  a  reporter  of  the  '  Express '  called  at  the 
hospital  to  see  Dr.  Russell,  and  get  his  statement  in  the 
premises.  The  doctor  is  a  young  man,  polite,  natty,  and 
insinuating.  He  received  the  reporter  graciously,  and,  upon 
being  informed  of  the  object  of  the  visit,  appeared  anxious  to 
make  a  full  statement;  but  a  second  thought  compelled  him 
to  ask  to  be  excused  for  a  moment,  while  he  retired,  probably 
'  for  consultation.'  In  a  few  minutes  he  returned,  and 
asked  the  reporter  to  accompany  him  to  the  office  of  Rufus 
W.  Peckham,  as  he  evidently  did  not  wish  to  speak  without 
legal  advice.  The  two  then  marched  down  State  Street,  and 
saw  iMr.  Peckham.  The  lordly  gentleman  advised  'silence 
for  the  present; '  and,  evidently  much  against  his  inclination, 
Dr.  Russell  refrains  from  giving  his  version  of  the  story." 


SWINimUNIc'H    DISPENSARY.  321 

The  position  of  Dr.  Swinburne  before  the  public  as  a 
professional  man,  and  tlio  high  reputation  he  had  won  before 
this  nation  during  the  liebellion  and  in  this  State  as  a  health- 
officer  at  quarantine,  with  the  eminence  attained  by  liis  skill 
in  Europe,  was  of  such  an  order  as  to  forbid  his  quietly  submit- 
ting to  the  interference  of  a  house  physician  of  the  hospital, 
where,  it  was  generally  conceded,  political  and  social  favorit- 
ism were  of  more  weight  than  professional  ability.  In  this 
instance,  as  in  every  event  of  his  life,  his  great  incentive  was 
the  best  possible  care  of  all,  without  distinction  of  social 
standing,  whose  treatment  was  in  any  manner  confided  to  his 
skill  and  care.  Acting  under  these  impulses,  he  opened  the 
public  dispensary,  which  has  since  proven  such  a  boon  to 
both  rich  and  poor,  and  has  become  an  indispensable  blessing 
to  the  section  of  the  State  in  which  it  is  located.  A  brief 
outline  of  the  work  there  done,  and  the  systems  practised,  is 
given  in  the  following  chapter. 


CHAPTER    XX. 

SCIENCE  DEVOTED  TO   HUMANITY. 

An  Unkept  Promise.  —  "What  the  Dispensary  has  done.  —  Great  Advance  in 
Science.  —  Treating  Tens  of  Thousands.  —  Remarkable  and  Interesting 
Cases.  — Helping  Nature.  — An  Unequalled  Man  and  Kecord. 

On  the  establishing  of  the  Swinburne  Dispensary  in  the 
city  of  Albany,  the  entire  sympathy  of  the  public  was  with 
the    doctor,   and  greeted  the    enterprise   and   philanthropic 
undertaking  of  the  founder  as  one  of  more  than  ordinary  sig- 
nificance.    So  strong  was  popular  sentiment  with  the  doctor 
at  the  time,  that  the  men  who  held  the  political  control  of 
the  city  voluntarily  promised  the  same  pecuniary  assistance 
to  the  dispensary  that  was  extended  by  the   city  to  other 
institutions  recognized  as  charitable.     The  opening  of  the 
doors  of  the  elegant  residence  on  Eagle  Street,  for  the  treat- 
ment  of  the  poor  without  money  and  without  price,  was 
hailed,  as  it  has  proven  to  be,  as  the  philanthropic  event  of 
the  age  at  the  capital  city ;  and  none  more  readily  saw  the 
benefits  the  future  were  to  enjoy  from  it  than  those  in  author- 
ity, who,  then  acting  on  the  first  or  better  impulses  of  their 
natures,  promised  the  pecuniary  assistance.     The  college  fac- 
ulty and  the  hospital  governors  were,  however,  opposed  to  the 
undertaking ;  some  of  them,  it  was  reported  at  the  time,  going 
so  far  as  to  threaten  that  if  Dr.  Swinburne  persevered  in 
this  course  they  would  ruin  him  professionally,  and  drive  him 
from  the  city.      In  undertaking  to  vanquish  the  man  who  had 
proven  a  Samaritan  among  them,  in  binding  up  the  wounds 
of  the  afflicted  and  caring  for  them,  and  who  purposed  to 
continue  that  course,  they  forgot  two  very  important  consid- 
erations,—  first,  that  the  doctor  was  following  the  Christian 
example  of  one  greater  than  they,  who  went  about  curing  the 
sick,  and  healing  the  maimed,  eighteen  hundred  years  ago ; 


SCIENCE   DEVOTED   TO    HUMANITY.  ')2^> 

and,  second,  that  the  doctor's  skill  was  such  as  to  defy  them, 
professionally,  and  his  individual  courage  such  as  would  brook 
no  intimidation,  and  that  every  threat  would  but  make  him 
the  more  determined.  Through  this  professitjiial  jealousy, 
and  the  inlluence  brought  to  bear  on  the  officials,  the  aid 
voluntarily  offered  was  never  extended ;  and  even  the  com- 
mittee's report,  in  which  the  professional  controversy  was 
recited  in  the  last  chapter,  was  quietly  put  out  of  sight.  But 
the  work  went  on  in  the  dispensary,  and  tens  of  thousands 
have  since  realized  its  benefits  at  an  individual  expense  to  the 
founder  of  over  five  thousand  dollars  per  year;  and  although 
one  entire  building  has  been  exclusivel}''  devoted  to  this  truly 
charitable  work,  with  a  portion  of  another,  no  aid  has  ever 
been  asked  or  given,  even  to  the  extent  that  would  buy  the 
shoes  worn  out  by  the  girl  attending  the  door-bell,  further  than 
donations  of  old  linen  by  private  individuals.  The  city  gov- 
ernment, well  aware  of  the  good  work  being  done,  not  only 
failed  to  abate  any  portion  of  the  taxes,  but,  on  the  other 
hand,  the  property  is  assessed  for  a  much  larger  sum  than  it 
would  sell  for. 

Day  and  night  the  doors  have  been  open  for  the  treatment 
of  all  the  diseases  and  accidents  that  man  is  heir  to,  with  a 
competent  staff  of  assistant  surgeons,  and  physicians,  and 
students  always  ready  and  anxious  to  serve  the  unfortunate ; 
and  it  is  safe  to  make  the  assertion  that  from  the  dispensary 
have  gone  forth  to  the  world  physicians  and  surgeons  who, 
because  of  their  training  there,  take  a  front  rank  profession- 
ally, are  equal,  and  in  most  cases  superior,  to  those  coming 
from  any  other  institution,  where  theory  has  the  benefit  of 
practical  illustration  and  practice.  It  is  also  safe  to  make 
another  assertion,  that  in  no  institution  of  medical  or  surgical 
training  has  the  same  advance  been  made  in  these  sciences 
as  in  Swinburne's  dispensary,  or  any  thing  approximating 
thereto,  during  the  years  of  its  existence.  The  large-brained 
head  of  the  dispensar}^  Dr.  Swinburne,  brought  to  the  in- 
stitution knowledge  gained  in  a  wide  field  of  science ;  and, 
having  no  professional  jealousies  to  encounter  from  those 
practising  under  him,  he  has  solved  many  problems,  and  made 


324  A  TYPICAL  AMERICAN. 

advances  in  treatment,  known  onl}^  to  those  coming  direct)}^ 
under  his  tuition  and  direction.  It  is  safe  to  go  still  further, 
and  make  another  positive  allegation  ;  i.e.,  that  in  no  institu- 
tion in  the  State  has  a  greater  and  more  difficult  variety  of 
diseases  and  accidents  been  treated  than  in  and  from  this 
dispensary,  with  results  that  cannot  be  surpassed,  and  it  is 
doubtful  if  ever  equalled. 

The  system  of  extension  in  the  treatment  of  fractures  with- 
out splints,  given  to  the  public  and  tlie  profession  years  ago 
by  Dr.  Swinburne,  has  been  strictly  adhered  to  and  followed 
out  with  unequalled  success  in  the  practice  of  the  dispensary. 
During  these  eight  years  only  two  amputations  have  been 
performed,  —  one  of  the  thigh,  and  one  of  the  leg;  and  these 
were  so  badly  crushed  as  to  be  beyond  all  possible  hope  of 
saving.  During  the  last  six  years  there  have  been  no  ampu- 
tations, not  .even  of  a  finger  or  toe,  and  no  deaths  resulting 
from  the  injuries  treated  by  the  doctor  or  his  assistants, 
unless  they  were  in  cases  necessarily  fatal  at  the  time  they 
occurred. 

In  the  dispensary  every  physician  and  student  is  trained  to 
conservative  surgery,  and  they  become  ardent  believers  in  con- 
servation, —  a  system  the  doctor  has  steadily  adhered  to  all  his 
professional  life,  amputations  never  being  resorted  to  or  sanc- 
tioned by  him  except  in  very  rare  cases,  occurring  in  military 
or  railroad  practice:  and  in  no  instance  has  his  practice  re- 
sulted in  gangrene;  but,  whenever  the  parts  were  dead,  they 
were  so  treated  that  they  sloughed  off.  Three  legs  have 
sloughed  off  near  the  knee,  one  hand,  several  feet,  and  a  large 
number  of  fingers  and  parts  of  fingers,  leaving  better  stumps 
than  any  surgeon  could  make  by  amputation ;  thus  avoiding 
the  second  shock  and  hemorrhage,  and  the  attending  addi- 
tional risk  to  life,  besides  giving  less  pain  to  the  patients  and 
allowing  the  wounds  to  heal  more  rapidly.  In  the  treatment 
of  fractures  of  the  long  bones,  —  thigh,  leg,  arm,  and  forearm, 
—  the  same  conservative  system  which  the  doctor  has  taught 
and  2^ractised  for  over  forty  years  is  followed. 

In  the  over  seventy  thousand  cases  (of  which  at  least  ten 
thousand  have  been  accidents)  treated  by  the  doctor  and  his 


SCIENCIO    DKVOTKI)    TO    IIUMANI'I'V.  '^'Il) 

assistants,  every  foi-m  of  disease!,  aeeideiit,  and  deformity  tlie 
niedicid  and  surj^icjal  prolession  are  eailed  to  treat,  has  been 
eared  for  in  tliat  institiiti(jn  ;  and  in  no  instance  in  tliese  tens 
of  thousands  lias  tliere  been  even  an  intimation  of  unskil- 
ful practice  or  bad  results.  In  tlie  treatment  of  fractures  of 
the  wrist  (Colics'),  of  which  there  have  been  over  three 
hundred,  the  system  has  been  so  successful  as  to  defy  experi- 
enced surgeons  to  locate  the  place  of  the  explosion.  By  a 
method  of  operation  and  treatment  devised  by  Dr.  Swinburne 
(known  only  in  the  dispensary''),  hands  that  had  been  turned 
over  and  deformed  by  scrofula  abscesses,  burns,  paralysis, 
and  other  causes,  have  been  straightened  into  their  natural 
positions  without  removing  the  scars,  which  have  been  made 
as  soft  and  smooth  as  a  glove  ;  while  old  ulcers  have  been 
made  to  heal  at  the  rate  of  from  an  eighth  to  a  quarter  of  an 
inch  daily.  Extensive  cicatrices,  or  scars,  of  the  neck  have 
been  made  to  entirely  disappear,  and  the  tissues  and  skin  to 
assume  their  normal  condition. 

In  cases  of  necrosis,  or  death  of  the  bone,  the  books  teach, 
and  the  profession  universally  practise,  the  cutting-out  of  the 
dead  bone.  The  conservative  surgery  of  the  dispensary  en- 
tirely ignores  this  system ;  the  doctor  doing  away  with  the 
use  of  the  knife,  and  simply  assisting  nature  to  throw  off  the 
dead  portions. 

In  no  institution  in  the  State,  excepting  perhaps  in  New- 
York  City,  has  there  been  a  larger  practice  in  gynecology  in 
the  treatment  of  diseases  of  women,  and  in  the  performance 
of  the  delicate  and  diflScult  operations  connected  therewith, 
than  at  tlie  dispensary. 

Among  the  corrections  and  operations  constantly  being 
performed  at  the  dispensary  are  those  for  curvature  of  the 
spine ;  deformities,  congenital  or  acquired,  whether  as  the  re- 
sult of  paralysis,  disease,  or  bad  treatment  of  an  injury ;  sin- 
gle or  double  club,  or  "  reel"  foot ;  and  the  removal  of  tumors, 
cancers,  and  hare-lip. 

In  the  treatment  of  wounds  from  toy  pistols,  the  results 
have  been  equall}-  as  satisfactory  and  remarkable  as  in  any 
other  kind  of  accidents.     These  wounds  received  by  those 


326  A   TYPICAL  AMERICAN. 

applying  to  the  dispensary  for  treatment  have  reached  as  high 
as  fifty  as  the  result  of  one  Fourth  of  July ;  and  yet,  while 
lockjaw  has  been  reported  in  all  parts  of  the  State,  resulting 
from  these  accidents,  not  a  single  case  of  lockjaw  has  set  in 
among  the  large  number  treated  at  the  dispensary. 

The  success  attending  the  treatment  of  fractures  of  the  leg, 
thigh,  and  long  bones  is  due  to  Dr.  Swinburne's  system  of 
treatment  by  extension,  without  splints  or  bandages,  with  re- 
sults so  perfect  that  no  surgeon  can  tell  the  parts  that  were 
broken.  In  order  to  secure  these  results,  generally,  the  doc- 
tor insists  that  the  profession  must  abandon  the  traditional 
surgery  of  the  books,  and  get  rid  of  the  splints  and  band- 
ages, and  keep  the  temperature  of  the  injured  parts  up  to 
blood-heat.  This  he  insists  is  done  by  retaining  and  adding 
to  the  normal  heat,  and  excluding  the  cold.  The  compres- 
sion by  plaster  of  Paris,  splints,  bandages,  or  other  methods, 
he  holds,  constricts  the  limb,  and  does  mischief  because  it 
arrests  circulation,  interferes  with  the  nerve  force  and  influ- 
ence, and  often  produces  gangrene  or  congestion,  resulting  in 
inflammation  and  absorption  of  poisonous  matter,  known  as 
septic  or  pus  poisoning,  or  irritation  of  the  nerves  or  tetanus. 
All  these  sequels  as  a  rule,  he  maintains,  are  the  results  of 
bad  management,  or  the  chilling  of  the  parts  injured  before 
proper  attention  had  been  given,  or  before  the  injury  was  seen 
by  the  surgeon  or  after,  providing  proper  circulation  had  not 
been  restored.  He  holds  that  in  whatever  injury  done  to  a 
limb  or  to  a  part  of  a  limb,  from  which  injury  death  to  the 
part  injured  has  taken  place,  in  the  stopping  of  circulation, 
and  sloughed  off,  if  the  residue  is  properly  treated,  and  restored 
to  good  circulation,  less  bad  results  will  follow  this  treatment 
than  if  amputated,  —  a  process  which  does  not  save  from  gan- 
grene, lockjaw,  or  septus  inflammation.  In  fact,  he  holds 
that  not  an  instance  of  these  has  occurred  where  the  restora- 
tion and  maintenance  of  proper  temperature  had  been  kept 
up  from  the  beginning.  Out  of  the  thousands  and  tens  of 
thousands  of  accidents  treated  by  the  doctor  and  in  the  dis- 
pensary, but  three  cases  of  lockjaw,  or  tetanus,  have  occurred  ; 
and  only  one  of  these  was  seen  at  an  early  period,  or  before 
the  mischief  was  done. 


SCIENCE  DEVOTED   TO    HUMANITY.  827 

To  demonstrate  the  eflficacy  of  conservative  surgery  as 
practised  in  tlio  Swinburne  Dispensary,  where  there  have 
been  no  bad  results,  and  Ijy  the  doctor  outside,  a  few  trau- 
matic and  other  cases  are  given,  each  being  typical  of  a  class 
treated  and  entered  on  the  register  of  the  dispensary. 

Eugene  Masterson,  a  young  man  twenty-one  years  old, 
living  at  No.  24  Clinton  Street,  Albany,  and  employed  as  a 
brakeman  on  the  Delaware  and  Hudson  Canal  Company's 
Railroad,  was  run  over  in  April,  1883,  by  an  engine  weighing 
eight  tons,  and  his  limb  crushed  to  atoms  half-way  to  the 
knee-joint,  including  the  foot.  His  first  words  after  being 
picked  up  were,  "  Take  me  to  Swinburne's."  In  this  case, 
had  amputation  been  resorted  to,  it  would  have  been  difficult 
to  find  a  point  near  the  knee  at  which  to  amputate ;  the  tis- 
sues were  so  badly  bruised,  that  the  doctor  would  have  been 
obliged  to  go  up  to  the  middle  of  the  thigh.  The  condition 
of  the  injured  man  was  such,  no  re-action  having  taken  place, 
amputation  would  be  sure  to  result  in  death.  In  view  of 
these  facts,  and  his  indifference  as  to  whether  he  lived  or 
died,  circulation  was  restored  and  kept  up ;  and  in  one  week 
the  injured  part  of  the  limb  sloughed  off  between  the  living 
and  dead  part.  In  four  weeks  all  the  the  loose  bone  was 
thrown  off'  the  lower  end  of  the  stump  ;  and  in  twelve  weeks 
the  wound  was  healed,  with  a  better  stump  than  any  surgeon, 
not  even  excepting  Dr.  Swinburne  himself,  could  make. 

Among  the  first  accidents  in  the  building  of  the  new  Capi- 
tol at  Albany  was  that  occurring  to  a  strong,  robust  young 
man,  named  Brown,  in  charge  of  a  gang  of  men  in  the  construc- 
tion department,  who  fell  backwards  from  a  staging  to  the 
ground,  a  distance  of  about  twenty-five  feet,  striking  on  his 
head  and  shoulders,  breaking  one  of  the  dorsal  vertebrae,  and 
filling  his  chest  with  blood,  as  demonstrated  by  the  aspirator 
and  by  percussion,  producing  paralysis  of  the  lower  extremi- 
ties. Dr.  Swinburne,  who  was  summoned  on  an  examination, 
saw  that  it  was  quite  evident  there  was  an  inequality  in  the 
spine  and  vertebrce,  showing  a  distortion.  With  the  assist- 
ance of  four  strong  men,  one  at  each  shoulder  and  leg,  in 
extending    the  patient,  who    was    laid  on   his   stomach,  by 


328  A  TYPICAL   AMERICAN. 

manipulation  the  doctor  succeeded  in  getting  the  spine  back 
into  its  phace.  By  restoring  circulation  none  of  the  blood  in 
the  chest,  or  otherwise,  was  allowed  to  devitalize,  or  clot,  but 
was  absorbed  with  the  gradual  restoration  of  motion  and  sen- 
sibility in  the  lower  extremities.  This  treatment  was  carried 
out  on  a  water-bed,  to  avoid  sloughing  from  undue  pressure  at 
any  point ;  and  in  a  few  weeks  the  man  was  well  and  walking 
about,  and  in  four  months  was  back  at  work,  and  continued 
in  good  health  for  several  years,  up  to  his  death  about  one 
year  ago. 

Thomas  McAvoy,  a  young  man  living  at  No.  64  Franklin 
Street,  Albany,  was  also  an  employ^  in  the  construction  of 
the  new  Capitol.  A  stone  weighing  between  seven  and  eight 
tons  fell  from  the  derrick,  and  in  falling  caught  McAvoy's 
leg  and  foot,  crushing  them  into  the  ground,  so  that  he  could 
not  be  removed  from  under  the  stone  without  cutting  off  the 
leg.  The  derrick  was  adjusted  to  the  stone,  the  man  released 
and  taken  to  his  home.  When  Dr.  Swinburne  examined  the 
man  he  found  the  leg  and  foot  a  shapeless  mass.  They  were 
moulded  into  position,  congestion  and  inflammation  avoided, 
the  bones  rapidly  uniting ;  and  in  twelve  weeks  he  was  walk- 
ing with  a  good  leg  and  foot,  the  only  evil  result  being  a 
slightly  enlarged  ankle-joint;  and  this  is  now  scarcely  per- 
ceptible. 

Dr.  Swinburne  is  opposed,  under  any  circumstances,  to 
amputation  for  any  injury  to,  or  dislocation  of,  the  ankle-joint. 
One  especial  case,  where,  under  the  treatment  of  ninety-nine 
out  of  every  hundred  other  institutions  or  physicians,  under 
the  circumstances,  amputation  would  have  been  resorted  to, 
is  noted  in  the  records  of  the  dispensar3^  An  unfortunate 
woman,  while  intoxicated,  dislocated  her  ankle-joint,  and  sus- 
tained a  compound  fracture.  In  this  condition  she  lay  on 
the  street  during  an  entire  cold  October  night.  When  the 
doctor  first  saw  her,  the  limb  was  terribly  swollen,  and  phle- 
betis,  or  inflammation  of  the  veins,  had  set  in,  extending  up 
to  the  pelvis  ;  and  the  appearances  were  that  the  inflammation 
would  extend  up  to  the  heart,  and  result  in  death.  By  re- 
storing circulation  the  inflammation  subsided  ;  and  the  reduc- 


SClBN(nC    DF.VOTKI)   TO    HUMANITY.  'Vl^) 

tioti  of  the  Jiiiklt!  hciiii^'  cITca'.U-aI,  hy  lioldiii;,^  \i  in  posifion 
Avitliout  compression,  the  woniiin  r{!covei(;il,  with  ikj  [jeieejiti- 
ble  injury  or  (lelorniity  of  the  lirnh. 

Henry  Fitzgerald  of  Kexfonrs  Fhitts,  near  Schenectady, 
fell  from  a  high  bridge  on  to  the  ice,  and  crushed  his  ankle- 
joint.  The  physician  who  was  called  to  attend  him  declared 
it  was  necessary  to  amputate.  To  this  Fitzgerald  strongly  ob- 
jected, and  insisted  that  Dr.  Swinburne  be  sent  for  and  con- 
sulted. When  the  doctor,  with  one  of  his  assistants,  arrived, 
the  man  was  found  to  l)e  in  such  an  extremely  nervous  condi- 
tion, that,  had  amputation  been  attempted,  the  operation 
would  have  proved  fatal;  and  besides  there  was  danger  of 
blood-poisoning.  Through  Dr.  Swinburne's  treatment,  con- 
servative surgery  triumphed,  and  the  man  recovered  with  a 
good  ankle. 

Mr.  Schemerhorn,  a  driver  for  an  Albany  brewery,  was 
thrown  from  a  carriage,  and  an  explosion  took  place  at  the 
ankle-joint,  which  was  dislocated,  and  the  fibula  fractured. 
He  was  treated  from  the  dispensary,  and  in  a  short  time  was 
well ;  and  he  declared  he  would  not  take  the  world  for  that 
ankle. 

Timothy  Sullivan,  a  heavy,  robust  member  of  the  Albany 
police-force,  while  jumping  at  a  picnic,  dislocated  and  frac- 
tured the  ankle-joint,  driving  the  tibia  down  into  the  ground. 
Three  hours  afterwards  he  was  seen  by  Dr.  Swinburne,  who, 
after  cleaning  the  dirt  off  the  protruding  bones,  united  the 
parts,  and  succeeded  in  getting  restoration  by  the  first  inten- 
tion. In  twelve  weeks  Sullivan  was  out  and  well,  and  ready 
for  duty. 

On  June  25,  1881,  John  Erringer,  a  workman  employed  in 
the  construction  of  the  post-office  building  in  Albany,  fell  a 
distance  of  thirty-seven  feet,  striking  on  both  feet.  In  the 
right  ankle  the  tibia  was  fractured  at  the  middle  third,  with 
a  dislocation  of  the  fibula  and  tibia  in  the  lower  extremities, 
with  a  fracture  of  the  astragalus,  which  was  dislocated  from 
the  smaller  tissue  and  bones.  In  the  left  there  Avas  a  dis- 
location of  the  lower  extremities  of  the  tibia  and  fibula,  and 
also  of  the  tarsal  bones,  the  foot  turued  inward  at  a  rijjht 


330  A  TYPICAL   AMERICAN. 

anofle  to  the  le£^.  The  lower  ends  of  the  tibia  and  fibula 
were  crushed.  Of  necessity  the  wounds  were  very  painful. 
Through  restoration  no  undue  inflammation  set  in ;  and,  by 
manipulation  and  moulding,  the  bones  were  restored  by  Dr. 
Swinburne  as  near  as  possible  to  their  normal  condition,  and 
on  Nov.  15  he  was  discharged  well.  Both  feet  have  been 
restored  almost  as  good  as  they  were  before  the  accident.  A 
similar  case  occurred  to  a  man  named  Young,  a  woikman  on 
the  Capitol,  who  fell  a  distance  of  thirty-five  feet,  and  was 
treated  by  Dr.  Swinburne  with  the  same  favorable  results. 

A  man  by  the  name  of  Lynch,  emploj^ed  as  a  porter  in  a 
large  printing-house  in  Albany,  was  caught  under  some  ma- 
chinery and  his  leg  crushed.  At  his  request  he  was  taken  to 
a  hospital,  where  he  remained  some  months.  Several  unsuc- 
cessful attempts  were  made  to  unite  the  broken  bones.  He 
was  then  removed  to  his  home,  by  his  employers,  and  placed 
under  the  treatment  of  Dr.  Swinburne ;  and  in  a  few  weeks 
his  limb  was  cured,  and  he  was  able  to  walk  without  a  crutch. 
Frank  Miller,  a  newsboy  on  the  Delaware  and  Hudson 
Canal  Company's  Railroad,  had  his  head  and  face  crushed  be- 
tween cars.  So  severe  was  the  wound  that  he  bled  from  the 
eyes  and  ears,  one  eye  being  partly  knocked  out  of  the  socket. 
Circulation  was  restored  by  Dr.  Swinburne,  and  kept  up,  and 
the  boy  recovered ;  and  he  was  afterwards  a  brakeman  on  the 
same  road. 

John  Healy,  brother  of  a  physician,  sustained  a  compound 
fracture  of  the  skull,  in  front  of  the  left  parietal  bone.  The 
wound  was  about  three  and  a  quarter  by  one  and  a  quar- 
ter inches,  the  dura  mater  being  injured.  Two  fragments 
were  removed,  the  wound  trepanned,  and  the  boy  recovered. 
Alfred  Cornell  of  Oneonta,  had  his  jaw  become  de- 
formed by  an  abscess,  and  twisted  around  to  one  side  of  his 
head.  Dr.  Swinburne  removed  part  of  the  jaw  and  bone 
which  had  been  destroyed  by  mortification,  and  cut  around 
so  as  to  place  it  in  its  normal  position,  and  allowed  it  to  fill 
with  granulation  and  bony  tissue.  The  deformity  was  so  far 
remedied  that  he  has  since  presented  a  good  appearance,  and 
has  been  married.    A  surgeon  of  large  practice,  who  was  pres- 


SCIENCE   DEVOTED   TO   HUMANITY.  ?>3l 

ent  at  t]i(3  operation,  declared  it  waa  the  most  diflicult  and 
skilful  j)iece  of  surgery  he  ever  witnessed. 

A  peculiar  case  of  injury  to  the  hand  was  that  of  a  man 
whose  fingers  of  one  hand,  excepting  the  little  finger,  were 
cut  off  with  a  cleaver.  He  was  treated  at  the  dispensary,  and 
the  next  season  laid  two  hundred  aiid  fifty  thousand  bricks 
with  the  injured  hand. 

On  the  4th  of  August,  1883,  William  P.  Greene  of  Berlin, 
Albany  County,  over  fifty-seven  years  of  age,  dislocated  his 
shoulder;  and  four  months  afterwards  came  to  the  dispen- 
sary to  be  relieved.  He  was  put  to  bed,  treated  by  Dr.  Swin- 
burne's system  of  extension,  and  in  two  weeks  sent  home 
with  a  good  arm. 

M.  D.  Breene,  a  gentleman  well  known  in  Albany,  resid- 
ing at  No.  183  Greene  Street,  while  riding  on  the  cars,  his 
arm  resting  on  the  car  window,  was  struck  by  an  open  door 
of  a  passing  freight-car,  and  all  the  bones  of  the  elbow  crushed 
into  fragments  and  practically  cut  off;  the  only  parts  left  to 
keep  the  arm  together  being  the  front  tissues  and  a  piece  of 
flesh.  By  the  doctor's  system  of  extension  the  broken  bones 
were  united  and  the  arm  saved. 

Patrick  Kelley,  a  young  man,  a  railroad  employd,  had  his 
whole  hand  completely  crushed  between  car  bumpers,  and  ap- 
plied to  the  dispensary  for  treatment.  As  usual,  there  was  no 
thought  of  using  the  knife  or  of  amputating.  The  treatment 
of  that  institution  was  followed,  and  the  hand  naturally 
sloughed  off  at  the  wrist. 

Martin  Consandine,  of  Clinton  Heights,  Rensselaer  County, 
was  struck  b}""  a  railroad  engine,  and  the  top  of  the  scalp  of 
his  head  lifted  off  so  as  to  expose  the  brain  substance.  Under 
Dr.  Swinburne's  treatment  he  has  recovered,  although  the  in- 
tellect is  somewhat  injured. 

John  Moore,  nearly  sixty  years  of  age,  living  at  No.  129 
Phillip  Street,  and  employed  in  an  Albany  coal  and  wood 
yard,  met  with  an  accident  by  Avhich  several  of  his  ribs  were 
fractured,  and  crushed  into  the  lungs,  producing  a  iliarked 
emphysema  from  head  to  foot.  The  case  was  a  very  difficult 
one  to  treat,  requiring  nearly  fifty  visits  from  the  dispensarj 


332  A   TYPICAL   AMERICAN. 

before  he  was  fully  recovered.  It  was  recognized  as  an  ex- 
ceedingly interesting  case  professionally. 

John  Simmons  of  Blue  Mountain  Lake,  Hamilton  County, 
Jiad  his  foot  frozen,  and  about  a  month  afterwards  applied  to 
Dr.  Swinburne  for  treatment.  Other  phj'-sicians  who  had 
examined  the  foot  declared  it  would  have  to  be  cut  off,  and 
he  came  to  Dr.  Swinburne  to  arrange  for  the  operation.  The 
doctor  declined  to  perform  the  operation,  and  subjected  the 
man  to  the  treatment  pursued  at  the  dispensary.  The  toes 
were  all  blackened,  and  in  time  sloughed  off;  and  soon  after- 
wards he  returned  home  with  a  good  foot. 

A  gentleman  residing  near  Palatine  Bridge,  while  in 
church,  was  attacked  with  a  great  pain  in  the  lower  extremi- 
ties, from  the  foot  up.  He  was  removed  to  his  home,  and 
a  physician  summoned.  Three  days  afterwards  Dr.  Swin- 
burne was  called  to  see  him.  On  his  arriving  with  one  of 
his  assistants,  and  examining  the  man,  no  circulation  could 
be  discovered  in  one  leg  or  thigh ;  and  in  the  other  only  the 
slightest  pulsation  could  be  discovered  in  the  artery  at  the 
groin.  The  limbs  were  cold  and  seemingly  lifeless,  the  man 
suffering  from  an  embolism ;  a  blood-clot  having  been  crowded 
down  into  the  pelvis  arteries,  cutting  off  circulation.  The 
man  anxiously  inquired  where  amputation  was  to  take  place ; 
and  the  doctor  quaintly  remarked,  if  amputation  were  to 
take  place  at  all,  he  would  suggest  that  it  be  performed  just 
behind  the  ears.  Circulation  was  restored  through  the  small, 
or  capillary,  vessels  in  one  limb  ;  and  in  a  few  days  com- 
plete restoration  was  secured.  In  the  other,  circulation  was 
more  difficult  of  accomplishing,  and  the  limb  sloughed  off 
just  above  the  ankle-joint. 

In  the  work  of  Dr.  Swinburne  and  the  dispensary  many 
interesting  cases  occcur,  not  only  because  of  the  nature  of 
the  wounds,  but  the  circumstances  surrounding  those  treated. 
One  of  these  was  that  of  Michael  Devine,  residing  at  No.  42 
Arch  Street,  Albany,  who,  while  in  New- York  City,  met 
with  an  accident,  in  which  the  ankle  was  crushed,  and  the 
foot  turned  completely  out  of  a  line  with  the  body.  He  was 
taken  to  a  hosj)ital  in  that  city,  where  the  surgeons  declared 


HCIIONCK    DKVOTKI)    'lO    ntlMANITV.  'V.V.i 

tlid  fool,  must  1)(!  juiipiitiiled.  I)(;viiic  woiiM  siihinit  to  uo 
such  operation  until  he  had  seen  Dr.  Swinburne,  and  r(;- 
turned  to  Albany.  The  doctor,  on  examining  tlie  ankle, 
declared  amputation  was  not  necessary,  and  demonstrated 
the  su[)eriority  of  conservative  surgery,  as  a  science,  over  the 
ti-aditional  surgery  of  the  New-York  hospital,  by  removing  a 
large  j)i(>(;e  of  the  dislocated  and  br(dvcn  bone,  and  bringing 
back  to  its  natural  sluqx;  and  saving  the  foot.  Afterwards 
Devinc's  wife,  who  was  employed  in  one  of  the  large  shoe 
factories  in  Albanj^  had  her  arm  crushed  in  a  half-inch  s])ace 
in  the  elevator.  She  was  taken  to  one  of  the  Albany  hos- 
pitals, where,  according  to  her  statement,  amputation  in  her 
case,  as  in  that  of  her  husband,  was  recommended;  but,  like 
her  husband,  she  would  not  submit  until  Dr.  Swinburne  said 
so.  She  was  brought  under  his  treatment,  saved  from  muti- 
lation and  from  being  maimed  for  life  ;  and  through  conserva- 
tive surgery  has  a  good  arm,  which  she  has  found  very  useful 
ever  since.  Subsequently,  Devine's  mother  fell  and  dislo- 
cated her  shoulder.  A  ph3^sician,  who  was  called  in,  was 
unable  to  effect  a  reduction,  and  another  i:)hysician  was 
about  to  be  sent  for,  when  Devine  entered,  and  said,  "Never 
mind,  we  want  no  more  humbugging:  I  will  run  up  to  Swin- 
burne's, and  get  somebody  who  can  do  that  right."  lie  did 
so,  and  the  injury  was  repaired. 

Another  interesting  case,  in  its  history,  was  that  of  Robert 
Ibbertson  of  No.  62  Canal  Street,  a  slate-roofer,  -who,  at  vari- 
ous times  within  three  years,  had  broken  his  left  thigh,  right 
wrist,  and  both  bones  of  the  right  leg,  besides  sustaining  a 
terrible  scalp-wound ;  yet,  so  perfect  was  the  cure  in  each 
case  that  the  limbs  are  all  as  good  as  before  they  were 
broken,  and  only  a  very  careful  examination  would  reveal 
the  fact  that  he  had  ever  received  an}"-  of  these  injuries.  At 
the  time  that  Robert  broke  his  wrist,  his  father,  also  a  slate- 
roofer,  fell  with  him  from  a  staging,  while  at  work  near  Syra- 
cuse, and  broke  his  neck,  surviving  the  accident  nearly  one 
week.  The  value  of  these  limbs,  which  by  improper  treat- 
ment might  have  been  permanently  crippled,  is  incalculable 
to  this  young  man,  upon  whom  the  support  of  a  large  family 
has  thus  devolved. 


334  A   TYPICAL   AMERICAN. 

These  cases,  taken  from  the  records  of  the  dispensary,  and 
the  history  of  which  has  been  learned  from  the  assistants 
and  the  parties  injured,  are  but  a  moiety  of  the  cases  treated 
and  on  the  record,  and  are  given  for  the  benefit  of  the  public, 
that  they  may  know  the  nature  of  the  work  done  at  the  dis- 
pensary by  Dr.  Swinburne  and  his  assistants,  and  that  they 
may  realize  the  benefits  of  a  humane  and  truly  scientific 
method  of  treatment  in  what  is  known  as  surgical  practice. 
If  the  profession  desire  to  learn  more  of  this  work,  with  the 
modes  of  treatment,  we  have  the  assurance  of  the  assistants 
that  they  will  gladly  aid  in  the  work;  and  we  feel  satisfied 
that  the  doctor,  whose  only  aim  in  life  is  to  help  others,  will 
cheerful]}'"  give  all  the  particulars  necessary  on  his  return 
from  the  West,  where  he  has  recently  been  taking  rest  and 
recreation. 

Since  the  opening  of  Swinburne's  dispensary  in  1879,  up 
to  the  close  of  last  year,  there  have  been  824  fractures 
treated,  besides  the  re-breaking  of  and  re-setting  of  84 
Colics',  or  fractures  of  the  wrist,  which  had  been  ill-treated 
by  others,  resulting  in  deformity.  Of  these  fractures,  47 
have  been  of  the  femur,  or  thigh,  —  43  simple  and  4  com- 
pound ;  4  simple  and  2  compound  patella,  and  12  Potts' ; 
elbow-joint,  26  simple  and  4  compound;  clavicle  or  collar- 
bone, 92;  of  the  tibia,  78  simple  and  7  compound;  of  the 
fibula,  61  simple  and  5  compound ;  of  the  nose,  11  simple 
and  1  compound  ;  of  the  humerus,  88  ;  of  the  hand  and  ribs, 
49  simple  and  2  compound ;  Colics',  or  fractures  of  the  wrist, 
301 ;  and  of  other  fractures,  46.  Ninety-three  dislocations, 
unaccompanied  by  fractures,  were  reduced.  Of  these,  55 
were  of  the  shoulder,  25  of  the  arm,  8  simple  and  1  double 
of  the  jaw,  3  of  the  legs,  and  2  of  the  knee-joint.  In  the  sur- 
gical operations,  61  cases  of  simple,  and  19  cases  of  double, 
club-feet  have  been  treated ;  72  Tendo  Achilles  or  heel-cord, 
and  9  other  tendons,  cut  to  re-form  deformities;  and  128 
cancers  removed;  in  addition  to  51  large  operations. 

For  the  year  1885,  up  to  April  28,  there  had  been  treated 
2,258  cases,  of  which  76  were  fractures  and  dislocations,  275 
other  accidents,  286  operations,  and  391  other  surgical  opera- 


SCIENCK    IJKVO'I'EI)   TO    HUMANITY.  385 

tioiiH.     Tlio  total  nuinl)er  of  surgical   cases  was    1,028,  aiul 
medical  1,232. 

The  api)li(!aiiis  at  tlin  dispensary  for  bodily  relief  are  not 
confined  to  the  residents  of  New-York  State,  but  eoine  from 
all  portions  of  the  country,  particularly  from  Vermont,  Mas- 
sachusetts, Connecticut,  and  Pennsylvania.  The  writer  of 
this  has  himself  seen  in  the  dispensary  a  young  man  from 
New  Orleans,  who  was  being  treated  for  deformity,  and  who 
presented,  when  he  arrived,  a  most  deplorable  sight,  being 
twisted  and  deformed  to  such  a  degree  that  scarcely  any 
portion  of  his  body  was  in  its  natural  condition.  To  many 
surgeons  and  others  the  remedy  of  these  deformities  seemed 
a  physical  impossibility,  and  beyond  all  human  skill.  Yet  a 
few  months  demonstrated  that  it  is  within  the  scope  of 
science,  combined  with  a  perfect  knowledge  of  the  anatomy 
of  man  and  the  methods  to  be  pursued,  to  prove  that  few 
cases  of  deformity  are  incui-able. 

On  the  records  are  the  names  of  patients  from  Illinois,  Ne- 
braska, and  other  Western  States,  even  from  the  golden  shores 
of  the  Pacific,  who  have  come  to  the  doctor  for  treatment. 
Nor  is  his  fame  confined  to  this  nation,  but  it  reaches  through- 
out Canada  and  out  on  to  the  ocean.     A  newspaper  reporter 
tells  of  a  woman  who  came  to  the  dispensary  with  a  child  in 
her  arms,  whose  lower  limbs  were  deformed,  and  who  said  she 
had  but  recently  arrived  from  England.    When  asked  by  Dr. 
Swinburne  why  she  did  not  have  the  child  treated  in  one 
of  the  hospitals  of   London,  she  replied  that  she  had  been 
to  the  hospitals  there,  and  the  doctors  told  her  they  could  do 
nothing  for  the  child ;  that,  on  the  passage  over,  a  lady  had 
told  her  of  Dr.  Swinburne,  ''  and  I  have  come  to  see  you." 
The  doctor,  after  hearing  the  woman,  said,  "  I  guess  they  did 
not  want  to  trouble  themselves  because  you  were  poor;  but, 
never  mind,  I  will  make  the  little  one  all  right,"  and  named 
a  time  when  she  was  to  present  it  for  an  operation,  which 
was  afterwards  performed,  and  the  child  made  to  assume  a 
natural   position,  although   the   deformity  was   serious   and 
congenital. 

A  few  days  before  writing  this  we  were  shown  by  one  of 


33G  A   TYPICAL  AMERICAN. 

the  assistants  a  sample  letter  of  the  kind  he  was  receiving 
during  the  doctor's  absence.  It  was  from  a  member  of  a  large 
manufacturing  firm  in  Connecticut,  in  which  the  writer  de- 
scribed the  pain  and  sensation  arising  from  some  unaccount- 
able affection  of  his  leg.  The  gentleman  gave  the  opinions 
and  recommendations  of  several  physicians  he  had  consulted, 
and  whose  disagreements  in  the  matter  induced  him  to  believe 
the  case  was  serious ;  and  hence  he  wrote  Dr.  Swinburne  to 
inquire,  if  he  were  to  come  to  Albany,  if  the  doctor  would 
treat  him.  The  case,  said  the  assistant,  by  the  contents  of 
the  letter,  is  a  serious  idiopathic  one;  but  doubtless,  on  the 
return  of  the  doctor,  he  will  decide  what  is  the  matter,  and 
what  is  to  be  done. 

Every  aim  of  the  doctor  in  life  has  been  and  is  to  benefit 
the  sick  and  needy,  and  to  economize  the  expenses  of  the 
afiiicted.  To  accomplish  this  desideratum^  he  believes  an 
observance  of  the  laws  of  nature  are  the  best  remedies.  Pre- 
scriptions are  not  written  at  the  dispensary,  merely  for  the  • 
sake  of  writing  them  ;  but,  in  most  cases,  such  articles  as  are 
found  in  every  household  are  recommended,  and,  where  ne- 
cessary to  use  medicines,  the  simplest,  cheapest,  and  most  effi- 
cient remedies  are  prescribed,  thus  virtually  "throwing  physic 
to  the  dogs."  As  a  substitute  for  the  costly  oil-silk,  he  has 
introduced  oil-cotton,  which  will  wear  four  times  as  long  as 
the  silk,  and  costs  only  a  few  cents  per  yard. 

In  this  dispensary,  where  thousands  and  tens  of  thousands 
of  the  poor  have  been  cared  for,  and  where  every  manner  of 
operation  has  been  performed,  from  the  minor  to  the  most 
delicate  and  difficult  in  surgery,  it  has  been  demonstrated 
that  amputation  is  necessary  only  in  the  most  rare  emer- 
gencies; that,  in  a  very  large  majority  of  the  cases  where 
it  is  resorted  to,  it  is  not  only  not  necessary,  but  actually 
cruel,  inhuman,  and  barbarous ;  and  that  where  the  knife  has 
heretofore  been  used  by  the  profession,  and  too  largely  prac- 
tised now,  with  fatal  results,  conservative  surgery  has  accom- 
plished, and  is  accomplishing,  much  more  favorable  results 
than  any  other  system  practised. 

The  record  of  this  dispensary  is  remarkable  ;  and  there  are 


SOIEKCE  DEVOTED   TO   HUMANITY.  337 

but  few  institutions  in  this  country  where  more  patients  have 
been  treated  in  the  same  period  of  time,  and  probaljly  in 
none  have  so  many  accidents  occurring  on  railroads  been 
attended,  and  in  none  have  the  results  been  so  successful. 
Among  the  railroad  accidents,  six  have  been  to  the  legs, 
eight  to  the  feet,  thirty-two  to  the  hands,  and  forty  to  the 
arms.  The  results  have  been  remarkable  and  unequalled  in 
the  treatment  of  these,  and  have  almost  revolutionized  sur- 
gery in  this  section  in  treating  railroad  cases.  Among  no  class 
of  men  is  the  name  of  Dr.  Swinburne  held  in  higher  esteem 
than  among  those  who  are  constantly  subjected  to  the  dan- 
gers of  railroad  life,  not  even  among  the  poor  of  Albany,  who 
almost  reverence  him  for  his  skill,  and  the  many  noble  quali- 
ties of  his  generous  heart,  which  have  caused  him  to  do  so 
much  for  them. 

So  widespread  has  become  the  fame  of  the  Swinburne 
Dispensary,  and  the  eminent  skill  and  benevolence  of  its 
founder  and  head,  that  from  every  part  of  the  State  the  un- 
fortunate, rich  and  poor,  have  come  to  him  to  be  treated; 
and,  in  many  instances,  the  private  resources  of  the  doctor 
and  his  staff  have  paid  the  board  of  poor  and  needy  patients 
while  in  the  city  under  treatment.  One  instance  was  that 
of  a  poor  patient  who  had  walked  all  the  distance  from  New 
York  to  have  an  injured  wrist  treated,  which  prevented  him 
from  earning  a  living  for  his  family  and  himself. 

The  work  of  Dr.  Swinburne  and  his  staff  has  not  been  con- 
fined to  the  walls  of  the  dispensary.  The  calls  of  any  of  the 
physicians  of  the  dispensary  for  medical  attendance,  outside 
of  the  doctor's  private  practice,  is  as  great  as  that  of  any 
physician  in  Albany ;  and  no  hour  is  too  late,  or  weather  too 
severe,  to  deter  them  from  promptly  responding  to  calls  for 
help.  The  doctor,  whose  carriage  may  be  seen  daily  in  front 
of  the  homes  of  the  rich  and  the  poor,  is  a  worker  himself, 
and  full  of  human  kindness ;  and  no  cruel,  lazy,  or  negligent 
physician  or  student  can  remain  in  the  Swinburne  Dispensar}-, 
where  no  charges  are  made  for  treatment,  these  being  left  to 
the  patient's  own  voluntary  impulses,  and  where,  in  no  in- 
stance, are  fees  received  from  the  really  poor. 


338  A  TYPICAL   AMERICAN. 

The  cases  cited,  the  methods  of  treatment  pursued,  and  the 
results  accomplished,  as  well  as  the  extent  of  country  over 
which  the  doctor's  healing  skill  and  the  blessings  of  the  dis- 
pensary have  reached,  are  given  as  indices  of  the  work  of  this 
truly  humane  institution,  where  the  very  poorest  are  treated 
with  the  same  care  and  tenderness  as  are  those  upon  whom 
fortune  has  smiled,  and  where  the  poor  Lazarus  has  his  sores 
and  wounds  dressed  and  bound  by  the  same  methods  as  does 
the  rich  man. 

A  branch  of  the  dispensary  has  been  established  in  Troy, 
and  placed  in  charge  of  one  of  the  doctor's  trusted  and  effi- 
cient assistants.  Here,  where  nearly  four  thousand  cases 
have  been  treated  during  the  year,  the  doctor  himself  attends 
once  a  week,  and  holds  a  clinic,  examining  cases  and  per- 
forming operations. 

Such  is  the  work  of  this  eminent  physician  and  surgeon, 
and  tender-hearted  humanitarian ;  and,  for  these  impulses  of 
benevolence,  he  holds  a  place  in  the  hearts  of  the  poor,  which 
binds  them  to  him  by  that  sacred  cord  of  love  and  gratitude 
no  power  on  earth  can  sever.  In  him  they  see  a  friend  in 
affliction,  with  a  heart  in  full  sympathy  with  them,  and  for 
whom  no  sacrifice  is  too  great  for  him  to  make.  Truly 
blessed  is  this  work  of  Dr.  John  Swinburne,  —  the  philan- 
thropic act  of  the  age ;  and  long  after  the  bricks  of  the 
building  have  crumbled,  and  the  structure  gone  to  ruin,  will 
his  name  be  remembered  as  one  who  lived  to  make  the  world 
better,  and  left  an  example,  for  other  generations  to  follow, 
in  the  exercise  of  the  virtues  that  ennoble  the  human  race, 
and  bring  men  and  women  up  to  the  high  position  which 
their  Creator  ordained  they  should  occupy. 


CHAPTER    XXI. 

BEHOLD  THE  MAN. 

Self-made.  —  Tiiculents  in  Early  Boyhood.  —  A  MiiHcular  Toaclier.  —  Hard 
Life  of  a  Student.  —  Kntciring  College  and  Leading.  —  Brief  Sketch  of  a  Ke- 
markable  Professional  Life.  —  Tlie  Friend  of  the  Poor,  and  an  Enemy  of 
Corruption. 

The  brief  story  of  this  eminently  typical  American's  life, 
as  detailed  in  the  preceding  chapters,  stamp  Dr.  Swinburne 
as  one  having  scarcely  a  peer,  and  few  superiors,  in  this  land, 
so  prolific  of  self-made  and  remarkable  men.  Like  others  of 
humble  origin,  he  has  illustrated  the  possibilities  that  are  open 
to  courage,  industry,  and  an  indomitable  will  to  rise  from  the 
surroundings  and  difficulties  always  attending  the  poor,  and 
to  attain  to  eminence.  His  battle  in  life,  from  early  boyhood 
to  fame,  has  been  a  continuous  round  of  heroic  struggles  and 
victorious  achievements.  Born  at  Black  River,  Lewis  County, 
N.Y.,  on  May  30,  1820,  he  possessed  in  early  boyhood  all  the 
qualities,  virtues,  and  robustness  which  have  enabled  so  many 
of  the  natives  of  New-York  State,  on  entering  the  arena  of 
public  and  professional  life,  to  surmount  the  obstacles  always 
meeting  those  of  humble  birth,  and  to  become  successful  in 
their  contests  with  others.  Of  all  the  successful  achieve- 
ments won  by  the  rugged  sons  of  the  North,  there  are  none 
of  which  the  northern  section  of  the  State  of  New  York  may 
feel  more  justly  proud  than  those  achieved  by  this  native  of 
Lewis  County. 

The  death  of  his  father  left  John  Swinburne,  at  a  very 
tender  age,  without  the  strong  paternal  assistance  which 
would  aid  him  in  the  conflicts  that  were  to  meet  him  in  boy- 
hood, and  confront  him  through  his  minority  up  to  the  age 
of  maturity.  His  parents  were  natives  of  Connecticut,  his 
father  descending  from  a  long  line  of  Irish  ancestors.     From 


340  A  TYPICAL   AMERICAN. 

his  father  he  inherited  a  quick  sense  of  humor,  and  a  ready- 
response  to  every  appeal  of  suffering  and  want,  which,  com- 
bined Avith  the  hopeful  and  spiritual  temperament  of  his 
mother,  have  proved  a  richer  heritage  than  silver  or  gold. 
Endowed  with  brilliant  intellectual  faculties  and  superb 
physical  gifts,  he  has  made  the  alleviation  of  suffering  hu- 
manity the  governing-principle  and  study  of  his  life.  The 
grateful  testimony  of  thousands  of  "  the  maimed,  the  halt, 
and  the  blind  "  who  have  received  aid  at  his  hands  is  abun- 
dant evidence  of  his  success. 

His  earlier  or  preliminary  education  was  obtained  in  the 
public  schools  of  Lewis  County,  and  in  the  academies  of  Den- 
mai'k,  Lowville,  and  Fairfield ;  although  he  had  but  few  oppor- 
tunities of  obtaining  more  than  the  first  rudiments  before  he 
was  twenty-one  years  of  age,  having  been  compelled,  up  to 
that  age,  to  assist  his  widowed  mother  in  providing  for  the 
other  bereaved  children.  His  first  real  victory  in  his  battle 
of  life  was  during  his  attendance  at  the  academy.  At  that 
time  he  was  a  strong,  vigorous  boy  verging  on  manhood,  and 
uncommonly  agile  and  quick  of  motion,  —  a  physical  condition 
which  he  has  preserved,  in  a  large  degree,  up  to  the  present 
time,  and  which  has  enabled  him  to  continue  an  active  life,  to 
endure  hardships,  and  to  perform  arduous  labors  that  would 
have  physically  broken  down  most  of  men.  This  physical 
condition  and  preservation  he  attributes  largely  to  his  observ- 
ance of  the  laws  of  nature,  and  his  habits.  His  whole  life  has 
been  one  of  abstemiousness,  and  almost  absolute  abstinence 
from  the  use  of  liquors  or  tobacco  in  any  form.  For  this 
virtue  he  claims  little  credit  to  himself,  as  it  was  a  forced 
necessity  ;  because,  in  his  earlier  life,  he  could  not  afford  the 
luxury  of  a  cigar,  and  hence  formed  no  taste  for  smoking: 
and,  although  liking  the  taste  of  liquors,  he  has  been  re- 
strained from  using  any,  because  they  did  not  like  him ;  and 
he  never  could  drink  even  beer  without  its  making  him  sick. 

While  studying  at  the  academy  at  Denmark,  he  was  asked 
to  take  charge  of  a  school  for  a  season  in  St.  Lawrence  County. 
The  school  was  considered  the  hardest  to  manage  in  the  coun- 
ty ;  the  seven  teachers  who  in  succession  had  preceded  him, 


BKHOLT)     rilK    MAN.  841 

and  attempted  to  inaiiiif^o  the  school,  having  been  driven  out 
by  the  pupils.  The  same  fate  was  expected  to  befall  young 
Swinhnrnc,  but  he  was  equal  to  the  enicrf^^ency.  Upon  arriv- 
ing at  that  hamlet,  the  (X)niniittce  infoi'nied  him  that  they 
would  delay  his  examination  with  regard  to  his  qualities  as  an 
instructor  until  he  had  demonstrated  whether  or  not  he  pos- 
sessed the  power  to  control  the  scholars.  A  number  of  the 
pupils  were  older,  heavier,  and  stronger  than  the  young 
teacher,  but  were  lacking  in  his  (juickness  of  motion  ;  and  on 
the  first  attempt  to  mutinize,  and  use  him  as  they  had  used  his 
predecessors,  they  discovered  that  they  had,  in  their  new  in- 
structor, one  to  deal  with  who  was  more  than  a  match  for  the 
best  of  them,  and  were  promptly  taught  an  example  in  evolu- 
tion that  laid  them  on  their  backs  in  quick  order.  He  con- 
quered quickly  his  bellicose  and  mischievous  scholars;  and 
won  from  them,  at  first  obedience,  and  then  respect.  After- 
wards, on  suggesting  to  the  committee  that  he  was  prepared 
to  be  examined,  they  informed  him  that  that  course  was  not 
necessary;  that  they  had  decided  to  retain  him,  being  fully 
satisfied  that  any  man  who  could  suppress  insubordination  in 
that  school  must  necessarily  be  a  competent  teacher.  He  re- 
mained there  until  the  close  of  the  term  for  which  he  had  been 
engaged,  when  he  left ;  his  departure  being  regretted  by  the 
people  and  scholars  alike,  who  believed  his  like  they  would 
never  look  on  again.  He  was  then  offered  a  school  in  Den- 
mark, which  he  declined,  and  came  to  Albany. 

Years  before  arriving  at  the  age  of  manhood,  and  when 
there  were  no  prospects  of  his  ever  being  able  to  obtain  the 
requisite  education,  except  such  as  he  would,  under  adverse 
circumstances,  be  compelled  to  struggle  to  attain  for  him- 
self, he  had  decided  on  the  practice  of  medicine  and  surgery 
as  the  profession  he  would  study  and  practise  ;  and  for  a  year 
before  arriving  in  Albany,  at  the  age  of  twenty -one,  he  had 
devoted  much  time  to  the  reading  of  medical  works  and  the 
study  of  anatomy.  On  his  entering  the  Albany  Medical 
College,  from  which  he  graduated  in  184G,  he  was  accredited 
further  advanced  in  a  knowledge  of  therapeutics  than  many 
of  the  students  who  had  been  there  for  two  or  three  3'ears, 


342  A   TYPICAL  AMERICAN. 

and  was  conceded  superior  in  anatomy  to  students  who  had 
attended  that  institution  four  years. 

During  his  college  and  student  terms,  young  Swinburne's 
life  was  one  of  continuous  hard  work,  study,  deprivation,  and 
self-denial ;  he  being  compelled,  from  necessity,  to  sleep  on  the 
floor  or  tables,  and  often  living  on  an  outlay  of  seventy-five 
cents  per  week.  For  the  truth  of  this  statement  a  lady  now 
living  in  Albany  offers  to  vouch  ;  and  she  further  asserts  that, 
when  a  girl,  she  has  often  watched  from  a  back  window  the 
young  student  as  he  washed  his  own  linen.  It  was  these 
hard  knocks  from  the  fickle  Goddess  of  Fortune,  while  John 
Swinburne  was  travelling  the  rugged  path  of  his  early  years, 
which  so  well  fitted  him  for  the  many  battles  he  has  since 
fought  and  won.  The  hardships  he  endured,  combined  with 
a  naturally  tender  heart,  have  enabled  him  to  more  fully 
understand  the  perplexities  and  struggles  of  poverty,  and 
conduced  to  bring  his  after-life  of  usefulness  into  such  close 
relationship  and  sympathj'^  with  the  poor  and  suffering.  As  the 
dark,  heavy  clouds  filled  with  the  roar  of  heaven's  artillery, 
and  rent  asunder  by  the  crashing  and  purifying  lightning, 
pass  away,  bathing  the  hillsides  in  a  new  verdure,  giving  to 
the  flowers  a  brighter  hue  and  more  fragrant  perfume,  putting 
into  the  throats  of  nature's  plumed  and  beautiful  warblers  a 
more  cheerful  song,  purifying  the  atmosphere,  and  infusing 
new  vigor  into  all  life,  so  it  was  with  the  early  life  of  John 
Swinburne.  When  the  clouds  of  adversity  that  had  so  long 
hung  over  him  were  dispelled,  and  the  trials  that  test  men 
were  overcome,  he  came  forth  the  grander  and  nobler  because 
of  the  trying  ordeal  through  which  he  had  passed ;  and  in 
1847,  one  year  after  graduating,  he  was  appointed  by  the 
faculty  of  the  Albany  Medical  College,  demonstrator  of 
anatomy  in  that  institution  ;  a  position  which  he  held  for 
three  years,  since  which  time  his  civil  and  military  career,  as 
a  physician  and  surgeon,  stand  without  a  precedent. 

His  extraordinary  success  as  a  practitioner,  and  his  rare 
executive  ability,  have  earned  for  him  various  positions  of 
responsibility  and  trust.  In  1851  he  was  appointed  almshouse 
physician  :  ship-fever  was  then  raging;  and,  after  successfully 


IJEHOLD   THE  MAN.  343 

treating  over  eight  hundred  cases,  he  was  liimself  stricken 
willi  the  disease.  In  1861  he  was  aj)[)()inted  chief  mf;dical 
officer  of  the  staff  of  (icii.  J(jhn  A.  liathbone,  at  the  Recruit- 
ing Depot  in  Albany.  During  a  space  of  tliree  months,  only 
twelve  deatlis  occurred  from  among  1,470  patients  under  his 
care,  being  less  than  a  half  of  one  per  cent  of  the  whole 
number.  On  April  12  of  the  succeeding  year,  he  received 
an  appointment  from  Gov.  Morgan  as  auxiliary  volunteer 
surgeon,  and  went  to  the  front.  His  first  step  was  to  estal)- 
lish  the  hospital  at  White-House  Lauding.  On  June  12, 1862, 
he  was  commissioned  by  Gov.  Morgan  as  medical  superin- 
tendent of  the  New- York  troops.  To  render  this  oflfice  more 
effective,  he  was  indorsed  and  commissioned  by  the  govern- 
ment as  acting  assistant-surgeon,  United-States  Army,  —  tlie 
only  honor  of  the  kind  ever  bestowed  upon  a  volunteer  sur- 
geon. By  order  of  Gen.  McClellan  he  was  placed  in  charge 
of  Savage  Station,  where  he  made  immediate  preparations  for 
the  relief  of  the  sick  and  wounded.  During  the  engagements 
in  that  section  his  entire  time  was  spent  in  the  operating- 
room  :  his  meals  were  hurriedly  dispatched  in  presence  of  the 
wounded  and  dying,  and  no  thought  given  to  rest  or  sleep. 
On  the  29th  of  June,  when  Porter  retreated  from  Savage 
Station,  Dr.  Swinburne  voluntarily  remained  a  prisoner  with 
4,000  sick  and  wounded  men,  too  weak  to  be  removed. 
His  tenderness  and  heroism  in  their  behalf  won  for  him  the 
utmost  admiration  and  courtesy  from  the  Confederate  officers, 
who  permitted  him  to  pass  through  their  lines  on  his  visits  to 
the  hospitals,  at  all  hours,  without  molestation.  For  these 
services  he  never  asked  or  received  any  pecuniary  compensa- 
tion from  the  state  or  nation. 

During  his  service  in  the  arm}',  he  designed  a  stretcher  fur 
the  conveyance  of  wounded  men  on  the  field,  and  for  the 
treatment  of  fractures  by  extension,  an  illustration  and  de- 
scription of  which  is  given  in  a  previous  chapter.  On  request 
of  the  State  Medical  Society,  he  submitted  the  design  to  the 
head  of  the  medical  department  of  the  army,  that  it  might 
be  used  in  the  service ;  but,  from  want  of  knowledge  in  the 
proper  authorities,  it  was  rejected.     Its  adoption,  afterwards. 


344  A  TYPICAL  AMERICAN. 

by  the  "English  and  French  governments  have  proved  it  to 
be  of  great  value. 

In  1863  he  was  elected  permanent  member  of  the  medical 
society  of  New- York  State,  and  has  since  successively  filled 
the  positions  of  professor  of  fractures  and  dislocations  and 
clinical  surgery  in  Albany  Medical  College,  president  of 
the  Albany  County  Medical  Society,  surgeon-in-chief  of  the 
Homoeopathic  and  Children's  hospitals  (since  their  founda- 
tion), and  consulting  surgeon  at  the  Albany  and  St.  Peter's 
hospitals. 

In  1864  he  was  appointed  by  Gov.  Sej'raour,  health-officer 
of  the  port  of  New  York,  the  nomination  being  unanimously 
confirmed  by  the  Senate.  For  the  ensuing  six  years  his  life 
was  one  of  incessant  activity.  In  order  to  more  successfully 
combat  the  ravages  of  yellow-fever,  ship-fever,  cholera,  and 
small-pox  while  at  quarantine,  he  planned  and  had  con- 
structed two  artificial  islands  in  the  lower  bay,  the  first  of 
the  kind  ever  built,  thereby  m.aking  the  harbor  the  best  and 
most  effective  quarantine  in  the  world.  He  was  removed 
from  this  position  by  Boss  Tweed,  who  had  no  affiliation 
with  men  of  Dr.  Swinburne's  stamp.  In  appreciation  for,  and 
recognition  of,  his  meritorious  services,  one  of  the  islands 
was,  by  legislative  act,  named  Swinburne  Hospital  Island. 

At  the  beginning  of  the  war  between  France  and  Germany, 
while  travelling  with  his  son  in  Europe,  he  received  an  invita- 
tion from  Minister  Washburne,  America's  representative  to 
the  French  Government,  to  come  to  Paris,  and  assume  charge 
of  the  American  ambulance  at  that  place.  With  his  usual 
ready  response  to  humanity's  call,  he  arrived  in  Paris,  Sept. 
16,  and  remained  on  duty  during  the  siege.  His  services 
there  were  but  a  repetition  of  his  untiring  devotion  to 
the  heroic  wounded  in  our  late  war.  The  "  Press  "  of  Paris, 
and  the  leading  journals  of  England,  eulogized  his  unparal- 
leled success  in  military  surgery  and  hygiene ;  and  he  was 
made  the  recipient  of  the  highest  honors.  The  Knights' 
Legion  of  Honor,  and  the  Red  Cross  of  Geneva,  are  included 
among  the  ninety  decorations  that  have  at  various  times  been 
conferred  upon  him.     His  sympathy  and  unwearied  exertion 


BEHOLD   THK   MAN.  345 

in  bolialf  of  llie  siifTcring  gavo  Iiirn  prcat  i)opu]arity  among 
all  classcH  ;  and  Consul-Cicn.  Kced  (leclai(!(l  that  be  had 
created  the  most  prolound  impression  upon  the  public  of  any 
man  in  Paris.  His  practice  of  conservative  surgery  was  at 
that  time  almost  an  innovation  upon  the  prevalent  custom  of 
amputation.  In  all  cases  the  mutilated  member  or  limb  was 
given  the  fullest  benefit  of  the  doubt;  the  salvation  of  the 
body  being,  with  him,  a  vital  clause  in  his  professional  creed. 
II is  system  speedily  commended  itself  to  the  leading  surgeons 
of  Europe,  who  to-day  follow  almost  exclusively  his  method 
of  practice. 

A  number  of  years  after  this  professional  victory  in  that  for- 
eign nation,  an  enterprising  showman  was  exhibiting  through 
this  country  a  panorama  of  the  Siege  of  Paris.  In  one  of  his 
audiences  in  Chicago  was  a  man  suffering  from  an  injury  to 
the  leg,  of  long  standing,  and  for  which  he  could  get  no  relief 
among  the  professional  men  of  that  city.  When  the  lecturer, 
in  his  description  of  the  panorama,  arrived  at  that  point  where 
the  hospitals  were  presented,  he  exhibited,  as  most  prominent, 
that  of  the  American  ambulance,  and  its  head.  Dr.  John  Swin- 
burne, who  stood,  with  sleeves  rolled  up  and  arms  covered 
with  blood.  The  lecturer  devoted  about  twenty  minutes  to  a 
description  of  the  ambulance  and  the  eminent  and  conceded 
skilful  surgeon.  The  suffering  man  listened  attentively,  as 
one  to  whom  a  great  and  vital  message  was  being  delivered  ; 
and,  seeing  in  it  relief  for  him,  decided  then  and  there  to  rettirn 
to  Albany,  where  he  had  resided  many  years  before,  believing 
this  eminent  and  skilled  surgeon  could  relieve  him.  The 
decision  was  carried  out,  and  the  long  sought  relief  at  last 
secured. 

During  his  professional  life  in  Albany,  he  enjoyed,  in  the 
years  that  he  would  accept  it,  a  larger  practice  in  obstetrics 
than  any  other  three  physicians  combined,  attending  as  high 
as  a  hundred  and  fift}'  cases  in  one  year,  and  performing 
almost  all  the  surgical  operations  of  females  in  the  city  for 
years. 

In  the  treatment  of  the  diseases  of  the  eye,  as  an  oculist, 
he  was,  and  is,  without  a  superior.     When  this  branch  of 


346  A   TYPICAL   AMERICAN. 

the  profession  was  made  a  specialty  by  others,  he  largely 
relinquished  the  practice,  sending  almost  all  of  these  cases 
ajDplj'ing  to  him  for  treatment  to  those  who  had  become 
specialists;  he  refusing  to  treat  but  very  few  outside  of  the 
really  poor. 

Dr.  Swinburne  has  contributed  many  valuable  and  able 
articles  to  the  literature  of  scientific  surgery ;  and  has  clearly 
and  practically  demonstrated  that  compound  fractures  of  the 
thigh,  from  gunshot  wounds,  can  be  as  successfully  treated 
as  any  other  form  of  fracture  of  the  thigh.  As  a  medical 
expert  he  is  widely  known,  having  on  many  occasions  as- 
sumed and  maintained  independent  opinions  on  the  diagnosis 
and  treatment  of  diseases,  in  contravention  to  the  generally 
accepted  theories  of  the  profession.  In  the  heat  of  contro- 
versy he  has  at  times  been  unjustly  assailed,  but  his  oppo- 
nents have  as  often  been  silenced  or  convinced  by  the  force 
of  facts  too  plainly  demonstrated  in  the  able  hands  of  Dr. 
Swinburne. 

From  the  beginning  of  his  professional  life,  his  humanity 
and  benevolence  naturally  drew  to  him  the  poor  who  could 
not  pay,  and  to  whom  no  other  avenues  were  open,  unless 
they  applied  to  the  city  or  county  as  paupers,  which  many  of 
tht*m  would  not  do,  preferring  rather  to  suffer  pain  and  sick- 
ness to  such  humiliation.  These  virtues  also  brought  him  a 
very  large  practice  from  among  the  mechanics  and  industrial 
classes,  who  did  not  seek  charity,  but  felt  unable  to  pay  the 
exorbitant  charges  too  often  exacted.  His  reputation  as 
the  friend  of  the  poor,  added  to  his  acknowledged  skill  and 
ability,  gave  him  also  a  very  large  and  more  remunerative 
practice  among  the  wealthier  clasess;  and  hence  his  patients 
were  among  all  classes,  who  equally  appreciated  his  qualities. 
In  June,  1876,  the  late  Charles  J.  F"olger,  who  became  physi- 
cally exhausted  in  the  discharge  of  his  duties  as  a  judge  of 
the  Court  of  Appeals,  and  was  treated  by  Dr.  Swinburne, 
wrote  him,  "  Since  I  had  the  pleasure  and  profit  of  calling 
upon  you  in  your  professional  capacity  last  winter,  I  have 
been  very  much  out  of  the  city.  I  returned  in  May.  I  have 
called  at  your  house  several  times,  but  you  were  not  at 
home." 


TtKnorj)  Till':  MAN.  347 

His  Kucc^css  as  a  practitioner  is  only  eclipsed  by  his  unex- 
ampled philanthropic  spirit,  which  has  always  been  attuned 
to  the  mute  appeals  of  distress  and  want.  He  believes,  in  his 
large-heartedness,  that  no  home  is  too  lowly  for  him  to  visit, 
and  no  surroundings  or  circumstances  strong  enough  to  pre- 
vent him  from  answering  the  call  of  a  suffering  fellow-being. 
As  an  instance,  we  cite  the  case  of  a  man  at  one  time  promi- 
nent as  an  oarsman,  and  residing  in  a  village  near  Albany,  who 
had  been  attacked  with  disease.  He  was  the  father  of  a  large 
family  of  small  children,  and  had  worked  hard  to  support 
them  by  driving  a  pedler's  wagon,  after  he  had  become  too 
emaciated  and  exhausted  to  work  at  his  trade  as  a  stove- 
mounter.  He  had  been  attended  by  an  Albany  physician 
as  long  as  he  had  money.  As  the  disease  progressed,  he 
became  too  weak  to  follow  even  the  occupation  of  pedler ; 
and  the  horse  and  wagon  were  sold,  and  the  money  expended. 
The  physician  had  no  more  interest  in  the  case  ;  and,  from 
that  time  up  to  the  man's  death,  he  wao  treated  from  the 
Swinburne  Dispensar}^  and  visits  made  as  regularly  as  if  he 
were  as  rich  as  the  wealthiest.  This  story  was  told  us  at  the 
sick  man's  bedside  a  short  time  before  his  death. 

Perhaps  the  crowning  act  of  his  professional  career  was 
the  establishment,  in  1879,  of  the  dispensary  in  Albany  for  the 
treatment  of  every  form  of  disease  and  accident. 

.  Notwithstanding  the  large  amount  of  work  he  is  doing  in 
the  carrying  on  of  the  dispensary,  and  attending  to  his  large 
private  practice,  his  advice  and  counsel  are  being  constantly 
sought  by  his  professional  brethren  in  other  parts  of  the  State, 
as  well  as  in  the  city  of  Albany  and  vicinity.  Indeed,  one 
of  his  assistants  declares  that  if  the  doctor  were  to  give  up 
ever}'-  other  practice,  and  attend  onl}-  the  consultations  to 
which  he  is  invited,  he  would  be  like  a  presiding  elder  of 
the  Methodist  Church,  —  constantly  on  the  move,  and  seldom 
at  home.  Whenever  it  is  possible  with  him,  he  either  at- 
tends, or  writes  his  opinions,  in  all  cases  where  his  skill  is 
called  into  requisition,  without  waiting  to  inquire  to  what 
peculiar  or  particular  school  of  medicine  the  parties  inviting 
him  may  belong.     He  thinks  only  of  sujQfering  humanity  and 


348  A   TYPICAL   AMERICAN. 

the  victims  of  disease  and  pain,  and  never  hesitates  to  inquire 
whether  the  old  or  new  or  any  other  school  will  approve  his 
action,  however  lightly  he  may  hold  in  estimation  certain 
methods  of  treatment.  He  holds  that  greater  than  all 
professional  ethics  is  the  divine  injunction  "•  to  love  thy 
neighbor  as  thyself,"  and  to  do  unto  others  as  he  would  have 
them  do  unto  him. 

So  generally  acknowledged  is  his  skill  as  a  physician  and 
surgeon,  that  even  those  of  his  profession  who  condemn  his 
great  benevolence,  and  envy  his  success,  are  compelled  to 
admit  his  superior  scientific  abilities.  Said  a  physician  from 
a  village  in  another  county  recently,  "  There  is  not  a  physi- 
cian in  Albany  I  can  call  to  consult  in  a  critical  case  I  have. 
In  their  anxiety  to  gain  reputations  in  surgery,  they  are  almost 
entirely  neglecting  medicines.  They  all  want  to  be  Swin- 
burnes,  but  will  not  succeed  either  as  physicians  or  surgeons." 
Another  said  to  the  writer,  in  presence  of  another  physi- 
cian, that  if  he  had  done  what  Dr.  Swinburne  had  done 
for  science,  and  had  his  renown,  he  would  be  satisfied  with  the 
good  he  had  done,  and  would  kick  any  man  to  the  capital  who 
would  undertake  to  write  his  life,  as  they  were  doing  Swin- 
burne's, believing  it  was  only  done  for  political  purposes. 
This  physician,  who  himself  seeks  notoriety,  and  desires  to 
be  prominent,  it  is  said  on  good  authority,  has  frequently 
called  on  the  doctor  for  advice,  and  has  taken  to  himself 
the  credit  of  performing  operations  where  the  generous  and 
unselfish  surgeon  stood  by,  and  directed  every  movement  as 
it  was  made  in  the  operation.  The  would-be  kicking  doctor, 
who  is  in  close  fellowship  with  the  political  ring  whom  the 
doctor  has  so  often  vanquished,  was  pertinently  informed 
there  would  be  no  occasion  for  his  kicking,  as  there  was  no 
material  to  write  about  in  his  case  such  as  in  that  of  Dr. 
Swinburne. 

The  smiles  which  Fortune  have  bestowed  upon  Dr.  Swin- 
burne have  been  widely  radiated  upon  those  who  are  slighted 
by  the  erratic  dame.  His  estimate  of  wealth  is  in  exact 
proportion  to  the  amount  of  good  which  may  be  conferred 
by  it  upon  humanity  ;  and  his  fine  turnout  is  none  too  good  to 


I5i:H()I.I)  THE  MAN.  349 

be  placed  at  the  .service  of  his  patients.  His  large,  generous 
lieartand  kindly  disposition  symbolize  the  flag  of  his  country, 
and  is  broad  enough  to  take  within  it  all  tiie  oppressed,  suf- 
fering, and  unfortunate  of  every  nation.  His  pleasant  coun- 
tenance in  the  sick-room  is  a  greater  solace  than  many  of  the 
antidotes  administered,  while  his  cheerful  smile  and  social 
deportment  among  men  radiate  a  light  and  cheerfulness  that 
dispel  all  gloom,  and  reflect  an  ease  and  humor  wherever 
he  appears.  In  himself,  he  is  the  true  embodiment  of  that 
democracy  which  knows  no  aristocracy  except  that  of  worth 
or  merit. 

An  ardent  lover  of  justice,  and  a  firm  believer  in  the 
sovereignty  of  the  people,  he  proved  himself  equal  to  maintain 
their  rights  in  the  contest  over  the  mayoralty  vote  of  Albany 
in  1882,  when  Nolan  was  fraudulently  declared  to  be  elected 
by  a  majority  of  188  votes. 

During  his  entire  career,  both  militar}'-  and  civil,  in  the 
discharge  of  duties  professionally,  or  as  a  private  citizen,  or  in 
the  administration  of  public  trusts,  Dr.  Swinburne  has  main- 
tained that  errors  winked  at  always  grow  upon  us ;  and  that 
it  is  therefore  the  duty  of  every  citizen  who  loves  his  country, 
at  all  times  fearlessly  to  call  attention  to  manifest  imperfec- 
tions and  mismanagement  or  wilful  misconduct  in  the  admin- 
istration of  any  branch  of  the  government,  without  regard  to 
whose  interests  or  feelings  may  be  affected  by  the  exposure. 
He  is  a  stanch  adherent  to  the  doctrine  that  the  people  should 
rule,  and  that,  when  they  do  in  fact,  we  will  have  as  a 
nation  attained  the  ne  plus  ultra  that  good  government  will 
be  secured,  and  the  object  of  a  free  republic  attained.  He 
holds  that  if  the  idea  once  obtains  an  abiding  hold  that 
citizens  must  wink  at  or  pass  silently  over  demonstrated 
derelictions,  or  even  indiscretions,  in  the  government  or  its 
officials,  simply  because  they  are  the  derelictions  or  indiscre- 
tions of  the  government  or  its  officers,  we  surrender  at  once 
the  right  of  the  people,  who  are  the  masters,  to  hold  their 
servants  in  office  to  an  accountability  for  their  stewardship. 
He  insists  that  an  honest  administration  of  the  government 
of  the  state  or  nation  never  can  be  weakened,  but,  on  the 


350  A   TYPICAL   AMERICAN. 

contrary,  will  be  strengthened,  by  a  frank  exhibition  of  its 
defects ;  and  that  that  public  official  who  is  unwilling  to  have 
his  attention  or  that  of  his  sovereigns  called  to  errors  in  his 
administration  is  a  dishonest  man,  and  will  always  be  an 
unsafe  and  unreliable  servant  of  the  people. 

Some  idea  of  his  popularity,  and  the  estimation  in  which 
he  is  held  by  the  voters  of  the  Nineteenth  Congressional 
District,  may  be  formed  from  the  fact  that  his  strength  on 
the  Republican  ticket  reduced  Cleveland's  majority  in  Albany 
County  of  9,819  for  Governor  in  1882,  to  626  for  President 
in  1884.  He  was  elected  to  the  Forty-ninth  Congress  by 
2,504  majority,  and  this  in  face  of  the  well-known  popularity 
of  his  opponent,  —  a  revolution  of  public  sentiment  within  two 
years  that  resulted  in  a  change  of  over  7,000  votes. 

Such  is  a  brief  sketch  of  this  typical  American,  so  eminent 
as  a  physician  and  surgeon,  esteemed  by  the  business-men  of 
his  county  because  of  his  integrity,  honored  by  the  soldiers 
as  their  friend,  and  loved  by  the  poor  as  their  benefactor. 
Possessing  all  the  firmness,  excutive  ability,  and  integrity 
requisite  in  the  honest  and  faithful  discharge  of  any  public 
trust,  his  friends  and  fellow-citizens  believe  he  would  make 
one  of  the  best  governors  the  State  of  New  York  has  ever  had, 
and  for  that  office  are  desirous  of  seeing  him  secure  the 
nomination  of  his  party,  believing  that,  if  nominated,  he  will 
be  elected  by  a  greater  majority  than  any  other  man  in  the 
State  can  command. 


